GIFT  or 


^,  14,  t^cW^ 


Election  La^v^s 


of  the  STATE 
of  OHIO 

And  of  the  United 
States  of  America 


So  Far  as  They  Relate  to 
the  Conduct  of  £,lections 
and  the  Duties  of  Officers 
in  Connection  Therewith 


ANNOTATED 


Compiled  by 

THE,    SECRETARY    OF    STATE 
1907 


jnlo.    Laws^sTaTuVe^, 


eA  c- 


THE 


ELECTION  LAWS 


OF  THE 


STATE  OF  OHIO 


AND   OF   THE 


UNITED  STATES  OF  AMERICA 


so  FAR  AS  THEY  RELATE  TO  THE  CONDUCT  OF 

ELECTIONS  AND  THE  DUTIES  OF  OFFICERS 

IN  CONNECTION  THEREWITH. 


COMPILED    BY 

THE  SECRETARY  OF  STATE 


ANNOTATED 


Columbus,  Ohio: 

F.  J.  Heer,  State  Printer, 

1907. 


1 10  7 


5  - ^  •»: * 


*r«f>ir 


Election  Laws  of  the  United  States. 


CITIZENSHIP. 

Section  1992.     All  persons  born  in  the  United  States  -,vho  are  cit- 
and  not  subject  to  any  foreign  power,  excluding  Indians  not   '"ns. 
taxed,  are  declared  to  be  citizens  of  the  United  States. 

Sec.  1993.     All  children  heretofore  born  or  hereafter  children  of 
bom  out  of  the  limits  and  jurisdiction  of  the  United  States,  ^Jr^^  *^™ 
whose  fathers  were  or  may  be  at  the  time  of  their  birth  citi- 
zens thereof,  are  declared  to  be  citizens  of  the  United  States ; 
but  the  rights  of  citizenship  shall  not  descend  to  children 
whose  fathers  never  resided  in  the  United  States. 

Sec.  1994.  Any  woman  who  is  now  or  may  hereafter  Carried 
be  married  to  a  citizen  of  the  United  States,  and  who  might  women, 
herself  be  lawfully  naturalized,  shall  be  deemed  a  citizen. 

Sec.  1995.     All  persons  born  in  the  district  of  country   Persons  born 
formerly  known  as  the  territory  of  Oregon,  and  subject  to  '"  Oregon, 
the  jurisdiction  of  the  United  States  on  the  i8th  [of]  May, 
1872,  are  citizens  in  the  same  manner  as  if  born  elsewhere 
in  the  United  States. 

Sec.  1996.  All  persons  who  deserted  the  military  or  Forfeiture  ef 
naval  service  of  the  United  States,  and  did  not  return  there-  c>tKe"s*»«P- 
to  or  report  themselves  to  a  provost  marshal  within  sixty 
days  after  the  issuance  of  the  proclamation  by  the  President, 
dated  the  nth  day  of  March,  1865,  are  deemed  to  have  vol- 
untarily relinquished  and  forfeited  their  rights  of  citizenship, 
as  well  as  their  right  to  become  citizens ;  and  such  deserters 
shall  be  forever  incapable  of  holding  any  office  of  trust  or 
profit  under  the  United  States,  or  of  exercising  any  rights  of 
citizens  thereof. 


Sec.  1997.  No  soldier  or  sailor,  however,  who  faith- 
fully served  according  to  his  enlistment  until  the  19th  day  of 
April,  1865,  and  who,  without  proper  authority  or  leave  first 
obtained  quit  his  command  or  refused  to  serve  after  that 
date,  shall  be  held  to  be  a  deserter  from  the  army  or  navy ; 
but  this  section  shall  be  construed  solely  as  a  removal  of  any 
disability  such  soldier  or  sailor  may  have  incurred,  under  the 
preceding  section,  by  the  loss  of  citizenship  and  of  the  right 
to  hold  oflfice  in  consequence  of  his  desertion. 


Certain  sol- 
diers and  sail- 
ors exempted 
from  forfeit- 
ure. 


257158 


OHIO    ELECTION    LAWS. 


Avoiding  the 
draft. 


Right  of  ex- 
patriation de- 
clared. 


Protection  of 
naturalized 
citizens  in 
foreign   states. 


Sec.  1998.  Every  person  who  hereafter  deserts  the 
militar)'  m  naval  service  of  the  United  States,  or  who,  being 
duly  enrolled,  departs  the  jurisdiction  of  the  district  in 
which  he  is  enrolled,  or  goes  beyond  the  limits  of  the  United 
States  with  intent  to  avoid  any  draft  into  the  military  or  ■ 
naval  service,  lawfully  ordered,  shall  be  liable  to  all  the  pen- 
alties and  forfeitures  of  section  nineteen  hundred  and  ninety- 
six. 

Sec.  1999.  Whereas,  the  right  of  expatriation  is  a 
natural  and  inherent  right  of  all  people,  indispensable  to 
the  enjoyment  of  the  rights  of  life,  liberty,  and  the  pursuit 
of  happiness ;  and,  whereas,  in  the  recognition  of  this  princi- 
ple this  government  has  freely  received  emigrants  from  all 
nations,  and  invested  them  with  the  rights  of  citizenship ; 
'and  whereas  it  is  claimed  that  such  American  citizens,  with 
their  descendants,  are  subjects  of  forei-^n  states,  ov/ing  alle- 
giance to  the  governments  thereof;  and  whereas,  it  is  nec- 
essary to  the  maintenance  of  public  peace  that  this  claim  of 
foreign  allegiance  should  be  promptly  and  finally  disavowed ; 
therefore,  any  declaration,  instruction,  opinion,  order,  or 
decision  of  any  officer  of  the  United .  States  which  denies, 
restricts,  impairs,  or  questions  the  right  of  expatriation,  is 
declared  inconsistent  with  the  fundamental  principles  of  the 
republic. 

Sec.  2000.  All  naturalized  citizens  of  the  United 
States,  while  in  foreign  countries,  are  entitled  to  and  shall 
receive  from  this  government  the  same  protection  of  per- 
sons and  property  which  is  accorded  to  native  born  citizens. 


Interference 
by  army  or 
naval  officers. 


Race,  color  or' 
previous  con- 
dition not  to 
affect  the 
right  to  vote. 


THE  ELECTIVE  FRANCHISE. 

Sec.  2003.  No  officer  of  the  army  or  navy  of  the 
United  States  shall  prescribe  or  fix,  or  attempt  to  prescribe 
or  fix,  by  proclamation,  order,  or  otherwise,  the  qualifica- 
tions of  voters  in  any  state,  or  in  any  manner  interfere  with 
the  freedom  of  any  election  in  any  state,  or  with  the  exercise 
of  the  free  right  of  suffrage  in  any  state. 

Sec.  2004.  All  citizens  of  the  United  States  who  are 
otherwise  qualified  by  law  to  vote  at  any  election  by  the 
people  in  any  state,  territory,  district,  county,  city,  parish, 
township,  school  district,  municipality,  .or  other  territorial 
subdivision,  shall  be  entitled  and  allowed  to  vote  at  all  such 
elections,  without  distinction  of  race,  color,  or  previous  con- 
dition of  servitude ;  any  constitution,  law,  custom,  usage, 
or  regulation  of  any  state  or  territory,  or  by  or  under  its 
authority,  to  the  contrary  notwithstanding. 


Aliens,  how 
naturalized. 


NATURALIZATION. 

Sec.  2165.  An  alien  may  be  admitted  to  become  a  citi- 
zen of  the  United  States  in  the  following  manner,  and  not 
otherwise : 


OHIO    ELECTION    LAWS. 


First.  He  shall  declare  en  oath,  before  a  circuit  or  dis- 
trict court  of  the  United  States,  or  a  district  or  supreme 
court  of  the  territories,  or  a  court  of  record  of  any  of  the 
states  having  common  law  jurisdiction,  and  a  seal  and 
clerk,  two  years,  at  least,  prior  to  his  admission,  that  it  is 
bona  fide  his  intention  to  become  a  citizen  of  the  United 
States,  and  to  renounce  forever  all  allegiance  and  fidelity  to 
any  foreign  prince,  potentate,  state,  or  sovereignty,  and,  par- 
ticularly, by  name,  to  the  prince,  potentate,  state,  or  sover- 
eighty  of  which  the  alien  may  be  at  the  time  a  citizen  or 
subject. 

Second.  He  shall,  at  the  time  of  his  application  to  be 
admitted,  declare,  on  oath,  before  some  one  of  the  courts 
above  specified,  that  he  will  support  the  constitution  of  the 
United  States,  and  that  he  absolutely  and  entirely  renounces 
and  abjures  all  allegiance  and  fidelity  to  every  foreign  prince, 
potentate,  state,  or  sovereignty;  and,  particularly,  by  name, 
to  the  prince,  potentate,  state,  or  sovereignty  of  which  he 
was  before  a  citizen  or  subject ;  which  proceedings  shall  be 
recorded  by  the  clerk  of  the  court. 

Third.  It  shall  be  made  to  appear  to  the  satisfaction  of 
the  court  admitting  such  alien  that  he  has  resided  within 
the  United  States  five  years  at  least,  and  within  the  state  or 
territory  where  such  court  is  at  the  time  held,  one  year  at 
least ;  and  that  during  that  time  he  has  behaved  as  a  man  of 
good  moral  character,  attached  to  the  principles  of  the  con- 
stitution of  the  United  States,  and  well  disposed  to  the  good 
order  and  happiness  of  the  same ;  but  the  oath  of  the  appli- 
cant shall  in  no  case  be  allowed  to  prove  his  residence. 

Fourth.  In  case  the  alien  applying  to  be  admitted  to 
citizenship  has  borne  any  hereditary  title,  or  been  of  any  of 
the  orders  of  nobility  in  the  kingdom  or  state  from  which 
he  came,  he  shall,  in  addition  to  the  above  requisites,  make 
an  express  renunciation  of  his  title  or  order  of  nobility  in  the 
court  to  which  his  application  is  made,  and  his  renunciation 
shall  be  recorded  in  the  court. 

Fifth.  Any  alien  who  was  residing  within  the  limits 
and  under  the  jurisdiction  of  the  United  States  before  the 
twenty-ninth  day  of  January,  one  thousand  seven  hundred 
and  ninety-five,  may  be  admitted  to  become  a  citizen,  on 
due  proof  made  to  some  one  of  the  courts  above  specified, 
that  he  has  resided  two  years,  at  least,  vvithin  the  jurisdiction 
of  the  United  States,  and  one  year,  at  least,  immediately 
preceding  his  application,  within  the  state  or  territory 
where  such  court  is  at  the  time  held ;  and  on  his  declaring 
on  oath  that  he  will  support  the  constitution  of  the  United 
States,  and  that  he  absolutely  and  entirely  renounces  and 
abjures  all  allegiance  and  fidelity  to  any  foreign  prince,  po- 
tentate, state,  or  sovereignty,  and.  particularly,  by  name, 
to  the  prince,  potentate,  state,  or  sovereignty  whereof  he  was 
before  a  citizen  or  subject ;  and,  also  on  its  appearing  to  the 


Declaration  of 
intention. 


Oath  to  sup- 
port the  con- 
stitution  of  the 
United  States. 


Residence   in 
United  States, 
or  states,  and 
good  moral 
character. 


Titles  of  no- 
bility to  be 
renounced. 


Persons  resid- 
ing   in    the 
United   States 
before  Janu- 
ary 29,  1795. 


OHIO    ELECTION    LAWS. 


Persons  resid- 
ing   between 
June  18,    1798, 
and  June  18, 
1812;    declara- 
tion   for    nat- 
uralization, 
made. 


Aliens    honor- 
ably dis- 
charged   from 
military    ser- 
vice. 


satisfaction  of  the  court,  that  during  such  term  of  two  years- 
he  has  behaved  as  a  man  of  good  moral  character,  attached 
to  the  constitution  of  the  United  States,  and  well  disposed  to 
the  good  order  and  happiness  of  the  same ;  and  where  the 
alien,  applying  for  admission  to  citizenship,  has  borne  any 
hereditary  title,  or  been  of  any  of  the  orders  of  nobility  in 
the  kingdom  or  state  from  which  he  came,  on  his,  moreover, 
making  in  the  court  an  express  renunciation  of  his  title  or 
order  of  nobility.  All  of  the  proceedings,  required  in  this 
condition  to  be  performed  in  the  court,  shall  be  recorded  by 
the  clerk  thereof. 

Sixth.  Any  alien  who  was  residing  within  the  limits 
and  under  the  jurisdiction  of  the  United  States,  between  the 
eighteenth  day  of  June,  one  thousand  seven  hundred  and 
ninety-eight,  and  the  eighteenth  day  of  June,  one  thousand 
eight  hundred  and  twelve,  and  who  has  continued  to  reside 
within  the  same,  may  be  admitted  to  become  a  citizen  of  the 
Cinited  States  without  having  made  any  previous  declaration 
of  his  intention  to  become  such ;  but  whenever  any  person, 
without  a  certificate  of  such  declaration  of  intention,  makes 
application  to  be  admitted  a  citizen,  it  must  be  proved  to  the 
satisfaction  of  the  court,  that  the  applicant  was  residing 
within  the  limits  and  under  the  jurisdiction  of  the  United 
States  before  the  eighteenth  of  June,  one  thousand  eight 
hundred  and  twelve,  and  has  continued  to  reside  within  the 
same  ;  and  the  residence  of  the  applicant  within  the  limits 
and  under  the  jurisdiction  of  the  United  States,  for  at  least, 
five  years  immediately  preceding  the  time  of  such  application 
must  be  proved  by  the  oath  of  citizens  of  the  United  States, 
which  citizen?  shall  be  named  in  the  record  as  witnesses ; 
and  such  continued  residence  within  the  limits  and  under  the 
jurisdiction  of  the  United  States,  when  satisfactorily  proved, 
and  the  place  where  the  applicant  has  resided  for  at  least  five 
years,  shall  be  stated  and  set  forth,  together  with  the  names 
of  such  citizens,  in  the  record  of  the  court  admitting  the 
applicant ;  otherwise  the  same  shall  not  entitle  him  to  be  con- 
sidered and  deemed  a  citizen  of  the  United  States.  [Be  it 
enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  the 
declaration  of  intention  to  become  a  citizen  of  the  United 
States,  required  by  section  two  thousand  one  hundred  and 
sixty-five  of  the  Revised  Statutes  of  the  United  States,  may 
be  made  by  an  alien  before  the  clerk  o|  any  of  the  courts 
named  in  said  section  two  thousand  one  hundred  and  sixty- 
five  ;  and  all  such  declarations  heretofore  made  before  an) 
such  clerk  are  hereby  declared  as  legal  and  valid  as  if  made 
before  one  of  the  courts  named  in  said  action.] 

The  act  of  a  court  of  record  on  admitting  a  foreign  born 
person  to  citiz.enship  is  conclusive  on  his  right  to  vote,  and  it  can- 
not he  impeached  so  as  to  deprive  him  of  that  right  by  slunviiiL; 
that  the  admission  was.   in  fact,   premature. 

Esker  v.  McCoy.  5  O.  D.     (Reprint)  694. 

Siic.  2i66.  Any  alien,  of  the  age  of  twenty-one  years 
and  upward,  who  has  enlisted,  or  may  enlist,  in  the  armies 
of  the  United   States,  either  the   regular   or  the  volunteer 


OHIO    ELECTION    LAWS. 


forces,  and  has  been,  or  may  be  hereinafter,  honorably  dis- 
charged, shall  be  admitted  to  become  a  citizen  of  the  United 
States,  upon  his  petition,  without  any  previous  declaration  of 
his  intention  to  become  such ;  and  he  shall  not  be  required 
to  prove  more  than  one  year's  residence  within  the  Unite.d 
States  previous  to  his  application  to  become-such  a  citizen; 
and  the  court  admitting  such  alien  shall,  in  addition  to  such 
proof  of  residence  and  good  moral  character,  as  now  pro- 
vided by  law,  be  satisfied  by  competent  proof  of  such  per- 
son's having  been  honorably  discharged  from  the  service  of 
the  United  States. 

Sec.  2167.  Any  alien,  being  under  the  age  of  twenty- 
one  vears,  who  has  resided  in  the  United  States  three  years 
next  prececljng  his  arriving  at  that  age,  and  who  has  con- 
tinued to  reside  therein  to  the  time  he  may  make  application 
to  be  admitted  a  citizen  thereof,  may,  after  he  arrives  at  the 
age  of  twenty-one  years,  and  after  he  has  resided  five  years 
within  the  United  States,  including  the  three  years  of  his 
minority,  be  admitted  a  citizen  of  the  United  States,  without 
having  made  the  declaration  required  in  the  first  condition  of 
section  twenty-one  hundred  and  sixt\-five ;  but  such  alien 
shall  make  the  declaration  required  therein  at  the  time  of  his 
admission ;  and  shall  further  declare,  on  oath,  and  prove  to 
the  satisfaction  of  the  court,  that,  for  two  years  next  pre- 
ceding, it  has  been  his  bona  fide  intention  to  become  a  citizen 
of  the  United  States ;  and  he  shall  in  all  other  respects  com- 
ply with  the  laws  in  regard  to  naturalization. 

Sec.  2168.  When  any  alien,  who  has  complied  with 
the  first  condition  specified  in  section  twenty-one  hundred 
and  sixty-five,  dies  before  he  is  actually  naturalized,  the 
widow  and  the  children  of  such  alien  shall  be  considered 
as  citizens  of  the  United  States,  and  shall  be  entitled  to  all 
rights  and  privileges  as  such,  upon  taking  the  oaths  pre- 
scribed b\  law. 

Sec.  2169.  The  provisions  of  this  title  shall  apply  to 
aliens  [being  free  white  persons,  and  to  aHens]  of  African 
nativity  and  to  persons  of  African  descent. 

Sec.  2170.  Xo  alien  shall  be  admitted  to  become  a  cit- 
izen who  has  not  fc«"  the  continued  term  of  five  years,  next 
preceding  his  admission  resided  within  the  United  States. 

Sec.  2 171.  Xo  alien  who  is  a  native  citizen  or  subject 
or  a  denizen  of  any  country,  state,  or  sovereignty  with  which 
the  United  States  are  at  war,  at  the  time  of  his  application, 
shall  be  then  admitted  to  become  a  citizen  of  the  United 
States ;  but  persons  resident  witiiin  the  United  States,  or  the 
territories  thereof,  on  the  eighteenth  day  of  June,  in  the 
year  one  thousand  eight  hundred  and  twelve,  who  had  be- 
fore that  day  made  a  declaration,  according  to  law,  of  their 
intention  to  become  citizens  of  the  United  States,  or  who 
were  on  that  day  entitled  to  become  citizens  without  making 
such  declaration,  may  be  admitted  to  become  citizens  thereof, 
notwithstanding  they  were  alien  enemies  at  the  time  and  in 


Minor    resi- 
dents. 


Widow    and 
children    of 
declarents. 


.\Hens  of  .Af 
rican  nativity 
and    descent. 


Residence    of 
five   years   in: 
the   Unitea 
States. 


Alien    enemies 
not   admitted. 


OHIO    ELECTION    LAWS. 


the  manner  prescribed  by  the  laws  heretofore  passed  on  that 
subject;  nor  shall  anything  herein  contained  be  taken  or 
construed  to  interfere  with  or  prevent  the  apprehension  and 
removal,  agreeably  to  law,  of  any  alien  enemy  at  any  time 
previous  to  the  actual  naturalization  of  such  alien. 


Children    of 
persons   nat- 
uralized  under- 
certain    laws 
to   be   citizens. 


Naturalization 
of    seamen. 


Taking    false 
oath  in   natur- 
alization. 


False  person- 
ation, etc.,  in 
procuring 
naturalization. 


Sec.  2172.  The  children  of  persons  who  have  been 
"uly  naturalized  under  any  law  of  the  United  States,  or  who, 
i^revious  to  the  passing  of  any  law  on  that  subject,  by  the 
government  of  the  United  States,  may  have  become  citizens 
cf  any  one  of  the  states,  under  the  laws  thereof,  being  under 
the  age  of  twenty-one  years  at  the  time  of  the  naturalization 
of  their  parents,  shall,  if  dwelling  in  the  United  States,  be 
considered  as  citizens  thereof ;  and  the  children  of  persons 
who  now  are,  or  have  been,  citizens  of  the  Urfited  States, 
shall,  though  born  out  of  the  limits  and  jurisdiction  of  the 
United  States,  be  considei;ed  as  citizens  thereof ;  but  no  per- 
son heretofore  proscribed  by  any  state,  or  who  has  been 
legally  convicted  of  having  joined  the  army  of  Great  Britian 
during  the  Revolutionary  War,  shall  be  admitted  to  become  a 
citizen  without  the  consent  of  the  legislature  of  the  state  in 
which  such  person  was  proscribed. 

Sec.  2174.  Every  seaman,  being  a  foreigner,  who  de- 
clares his  intention  of  becoming  a  citizen  of  the  United  States 
in  any  competent  court,  and  shall  have  served  three  years 
on  board  of  a  merchant  vessel  of  the  United  States  subse- 
quent to  the  date  of  such  declaration,  may,  on  his  application 
to  any  competent  court,  and  the  production  of  his  certificate 
of  discharge  and  good  conduct  during  that  time,  together 
with  the  certificate  of  his  declaration  of  intention  to  become 
a  citizen,  be  admitted  a  citizen  of  the  United  States ;  and 
every  seaman,  being  a  foreigner,  shall,  after  his  declaration 
of  intention  to  become  a  citizen  of  the  United  States,  and 
after  he  shall  have  served  such  three  years,  be  deemed  a 
citizen  of  the  United  States  for  the  purpose  of  manning  and 
serving  on  board  any  merchant  vessel  of  the  United  States 
anything  to  the  contrary  in  any  act  of  congress  notwith- 
.ttanding;  but  such  seaman  shall,  for  all  purposes  of  protec- 
tion as  an  American  citizen,  be  deemed  such,  after  the  filing 
of  his  declaration  of  intention  to  become  such  citizen. 

Sec.  5395.  In  all  cases  where  any  oath  or  affidavit  is 
made  or  taken  under  or  by  virtue  of  any  law  relating  to  the 
naturalization  of  aliens,  or  in  any  proceedings  under  such 
laws,  any  person  taking  or  making  such  oath  or  affidavit 
who  knowingly  swears  falsely,  shall  be  punished  by  im- 
prisonment not  more  than  five  years,  nor  less  than  one  year, 
and  by  a  fine  of  not  more  than  one  thousand  dollars. 

Sec.  5424.  Every  person  applying  to  be  admitted  a 
citizen,  or  appearing  as  a  witness  for  any  such  person,  who 
knowingly  personates  any  other  person  than  himself,   or 


OHIO    ELECTION    LAWS. 


Using    false 
certificate   of 
citizen  sliip, 
etc. 


falsely  appears  in  the  name  of  a  deceased  person,  or  in  an 
assumed  or  fictitious  name,  or  falsely  makes,  forges,  or  coim- 
tsrfeits  any  oath,  notice,  affidavit,  certificate,  order,- record, 
signature,  or  other  instrument,  paper,  or  proceeding  required 
or  authorized  by  any  law  relating  to  or  providing  for  the 
naturalization  of  aliens ;  or  who  utters,  sells,  disposes  of,  or 
uses  as  true  cr  genuine,  or  for  any  unlawful  purpose,  any 
false,  forged,  antedated,  or  coutiterfeit  oath,  notice,  certifi- 
cate, order,  record,  signature,  instrum.ent,  paper,  or  proceed- 
ing above  specified ;  or  sells  or  disposes  of  to  any  person, 
other  than  the  person  for  whom  it  v/as  originally  issued,  any 
certificate  of  citizenship,  or  certificate  showing  any  person  to 
be  admitted  a  citizen,  shall  be  punished  by  imprisonment  at 
hard  labor  not  less  than  one  year,  nor  more  than  five  years, 
or  by  a  fine  of  not  less  than  three  hundred  nor  more  than  one 
thousand  dollars,  or  by  both  such  fine  and  imprisonment. 

Sec.  5425.  Every  person  v/ho  uses,  or  attempts  to  use, 
or  aids,  or  assists,  or  participates  in  the  use  of  any  certificate 
of  citizenship,  knowing  the  same  to  be  forged,  or  counter- 
feit, or  antedated,  or  knowing  the  same  to  have  been  pro- 
cured by  fraud  or  otherwise  unlawfully  obtained ;  or  who, 
without  lawful  excuse,  knowingly  is  possessed  of  any  false, 
forged,  antedated,  or  counterfeit  certificate  of  citizenship, 
purporting  to  have  been  issued  under  the  provisions  of  any 
lav/  of  the  United  States  relating  to  naturalization,  knowing 
such  certificate  to  be  false,  forged,  antedated,  or  counterfeit, 
with  intent  unlawfully  to  use  the  same;  or  obtains,  accepts, 
or  receives  any  certificate  of  citizenship  known  to  such  per- 
son to  have  been  procured  by  fraud  or  by  the  use  of  any  false 
name,  or  by  means  of  any  false  statement  made  v/ith  intent 
to  procure,  or  to  aid  in  procuring,  the  issue  of  sudi  certificate, 
or  known  to  such  person  to  be  fraudulently  altered  or  ante- 
dated ;  and  every  person  who  has  been  or  may  be  admitted 
to  be  a  citizen  who,  on  oath  or  by  affidavit,  knowingly  denies 
that  he  has  been  so  admitted,  with  intent  to  evade  or  avoid 
any  duty  or  liability  imposed  or  renuired  by  law.  shall  be 
imprisoned  at  hard  labor  not  less  tuan  one  year  nor  more 
than  five  years,  or  be  fined  not  less  than  three  hundred  dol- 
lars nor  more  than  one  thousand  dollars,  or  both  such  pun- 
ishments may  be  imposed. 

Sec.  5426.     Every  person  who  in  any  manner  uses  fcr   using  false 
the  purpose  of  registering  as  a  voter,  or  as  evidence  of  a   etc*' as^^evi- 
right  to  vote,  or  otherwise,  unlawfully,  any  order,  certificate  dence  of  a 
of  citizenship,  or  certificate,  judgment,  or  exemplification,   "^  *  *"  ^°'*' 
showing  any  person  to  Be  admitted  to  be  a  citizen,  whether 
heretofore  or  hereafter  issued  or^made,  knowing  that  such 
order  or  certificate,  judgment,  or  exemplification  has  been 
unlawfully  issued  or  made ;  and  every  person  who  unlawfully 
uses,  or  attempts  to  use,  any  such  order  or  certificate,  issued 
to  or  in  the  name  of  any  other  person,  or  in  a  fictitious  name, 
or  the  name  of  a  deceased  person,  shall  be  punished  by  im- 
prisonment at  hard  labor  not  less  than  one  year  nor  more 


10 


OHIO    ELECTION    LAWS. 


Aiding    or_ 
abetting   vio- 
lation of  pre- 
ceding sec- 
tions. 


Falsely  claim- 
ing citizen- 
ship. 


Provisions  ap- 
plicable to  all 
courts  of  nat- 
uralization. 


than  five  years,  or  by  a  fine  of  not  less  than  three  hundred 
nor  more  than  one  thousand  dollars,  or  by  both  such  fine  and 
imprisonment. 

Sec.  5427.  Every  person  who  knowingly  and  intention- 
ally aids  or  abets  any  person  in  the  commission  of  any  felony 
denounced  in  the  three  preceding  sections,  or  attempts  tO' 
do  an  act  therein  made  felony,  or  counsels,  advises,  or  pro- 
cures, or  attempts  to  procure,  the  commission  thereof  shall 
be  punished  in  the  same  manner  and  to  the  same  extent  as- 
the  principal  party. 

Sec.  5428.  Every  person  who  knowingly  uses  any  cer- 
tificate of  naturalization  heretofore  granted  by  any  court,  or 
hereafter  granted,  which  has  been  or  may  be  procured 
through  fraud  or  by  false  evidence,  or  has  been  or  may  be 
issued  by  the  clerk,  or  any  other  officer  of  the  court  without, 
any  appearance  and  hearing  of  the  applicant  in  court  and 
without  lawful  authority ;  and  every  person  who  falsely  rep- 
resents himself  to  be  a  citizen  of  the  United  States,  without 
having  been  duly  admitted  to  citizenship,  for  any  fraudulent, 
purpose  whatevet,  shall  be  punishable  by  a  fine  of  not  more 
than  one  thousand  dollars,  or  be  imprisoned  not  more  than 
two  years,  or  both. 

Sec.  5429.  The  provisions  of  the  five  preceding  sec- 
tions shall  apply  to  all  proceedings  had  or  taken,  or  attempted 
to  be  had  or  taken,  before  any  court  in  which  any  proceeding 
for  naturalization  may  be  commenced  or  attempted  to  be 
commenced. 


Intimidating 
voters  by 
bribery   or 
threats. 


Conspiracy   to 
injure  or  in- 
timidate citi- 
zens in  the 
exercise    of 
civil   rights. 


CRIMES  AGAINST  ELECTIVE  FRANCHISE. 

Sec.  5507.  Every  person  who  prevents,  hinders,  con- 
trols, or  intimidates  another  from  exercising,  or  in  exercis- 
ing, the  rig^ht  of  suffrage,  to  whom  that  right  is  guaranteed  by 
the  fifteenth  amendment  to  the  constitution  of  the  United 
States,  by  means  of  bribery  or  threats  of  depriving  such  per- 
son of  employment  or  occupation,  or  of  ejecting  such  person 
from  a  rented  house,  lands,  or  other  property,  or  by  threats, 
of  refusing  to  renew  leases  or  contracts  for  labor,  or  by 
threats  of  violence  to  himself  or  family,  shall  be  punished  as 
provided  in-  the  preceding  section. 

Sec.  5508.  If  two  or  more  persons  conspire  to  injure, 
oppress,  threaten,  or  intimidate  any  citizen  in  the  free  exer- 
cise or  enjoyment  of  any  right  or  privilege  secured  to  him 
by  the  constitution  or  laws  of  the  United  States,  or  because 
of  his  having  so  exercised  the  same ;  or  if  two  or  more  per- 
sons go  in  disguise  on  the  highway,  or  on  the  premises  of 
another,  with  intent  to  prevent  or  hinder  his  free  exercise 
or  enjoyment  of  any  right  or  privilege  so  secured,  they  shall 


OHIO   ELECTION   LAWS. 


It 


be  fined  not  more  than  five  thousand  dollars  and  imprisoned 
not  more  than  ten  years ;  and  shall,  moreover,  be  thereafter 
ineligible  to  any  office,  or  place  of  honor,  profit,  or  trust 
created  by  the  constitution  or  laws  of  the  United  States. 

3ec.  5509.     If,  in  the  act  of  violating  any  provision  in   Other  crimes 
either  of  the  two  preceding  sections,  any  other  felony  or   ^^^ni^rt 
misdemeanor  be  committed,  the  offender  shall  be  punished  ceding  sec- 
for  the  same  with  such  punishment  as  is  attached  to  such 
felony  or  misdemeanor  by  the  laws  of  the  state  iij  which  the 
offense  is  committed. 

Sec.  5510.     Every  person  who,  under  color  of  any  law.  Depriving 
statute,  ordinance,  regulation,  or  custom,  subjects  or  causes  '^1*'^?  °/ 

,         '        .  ,  S     ,      ,  .  -  ■'  .  civil   nghts 

to  be  subjected,  any  mhabitant  of  any  state  or  territory  to  under  color  of 
the  deprivation  of  any  rights,  privileges,  or  immunities,  ^^^^  ^''*" 
secured  or  protected  by  the  constitution  and  laws  of  the 
United  States,  or  to  different  punishments,  pains,  or  penal- 
ties, on  account  of  such  inhabitant  being  an  alien,  or  by 
reason  of  his  color  or  race,  than  are  prescribed  for  the  pun- 
ishment of  citizens,  shall  be  punished  by  a  fine  of  not  more 
than  one  thousand  dollars,  or  by  imprisonment  not  more  than 
one  year,  or  by  both. 

Sec.  5516.     Every  person  who  wilfully  obstructs,  bin-   obstructing 
ders  or  prevents  any  officer  or  other  person  charged  with   pr^esl^^n*'' 
the  execution  of  any  warrant  or  process  issued  under  the  pro-  civil  rights 
visions  of  sections  nineteen  hundred  and  eighty-four  and  **^^' 
nineteen  hundred  and  eighty-five,  title    "Civil  Rights,"    or 
any  person  lawfully  assiting  him,  from  ar^-'^'^ting  any  per- 
son for  whose  apprehension  such  warrant  or  process  may 
have  been  issued ;  or  rescues  or  attempts  to  rescue  such  per- 
son from  the  custody  of  the  officer  or  other  person  lawfully 
assisting  when  so  arrested,  pursuant  to  the  authority  herein 
given  ;  or  aids,  abets,  or  assists  any  person  so  arrested,  direct- 
ly or  indirectly,  to  escape  from  the  custody  of  the  officer  or 
other  person  legally  authorized  to  arrest  the  party ;  or  har- 
bors or  conceals  any  person  for  whose  arrest  a  warrant  or 
process  has  been  issued,  so  as  to  prevent  his  discovery  and 
arrest,  after  notice  or  knowledge  of  the  fact  that  a  warrant 
has  been  issued  for  the  apprehension  of  such  person,  shall, 
for  any  of  such  offenses,  be  subject  to  a  fine  of  not  more  than 
one  thousand  dollars,  or  imprisonment  not   more  than   six 
months,  or  both. 

Sec.  5517.     Every  marshal  and  deputy  marshal   who   Marshal  re- 
refuses  to  receive  any  warrant  or  other  process  when  ten-  cefve^or°ex^ 
dered  to  him,  issued  in  pursuance  of  the  provisions  of  section   ecute  process, 
nineteen  hundred  and  eighty-five,  title    "Civil  Rights."    or 
refuses  or  neglects  to  use  all  proper  means  diligently  to 
execute  the  same,  shall  be  liable  to  a  fine  in  the  sum  of  one 
thousand  dollars,  for  the  benefit  of    the    party    aggrieved 
thereby. 


12 


OHIO    ELECTION    LAWS. 


Conspiracy  to 
prevent  ac- 
cepting or 
holding   office 
under  United 
States,  etc. 


Conspiracy  to 
deprive  any 
oerson   of  the 
oflTial   protec- 
tion of  the 
laws. 


Unlawful 
presence  of 
troops  at  elec- 
tions. 


Intimidation 
of   voters   by 
officers,   etc., 
of  army  or 
navy. 


Officers  of 
army  or  navy 
prescribing 
qualifications 
of  voters. 


Sec.  55 i8.  If  two  or  more  persons  in  any  state  or  ter- 
ritory conspire  to  prevent,  by  force,  intimidation,  or  threat, 
any  person  from  accepting  or  holding  any  office,  trust,  or 
place  of  confidence  under  the  United  States,  or  from  dis- 
charging any  duties  thereof ;  or  to  induce  by  like  means  any 
officer  of  the  United  States  to  leave  any  state,  district,  or 
place  where  his  duties  as  an  officer  are  required  to  be  per- 
formed, or  to  injure  him  in  his  person  or  property  on  account 
of  his  lawful  discharge  of  the  duties  of  his  office,  or  v/hile 
engaged  in  the  lawful  discharge  thereof,  or  to  injure  his 
property,  so  as  to  molest,  interrupt,  hinder,  or  impede  him  in 
the  discharge  of  his  official  duties  ;  each  of  such  persons  shall 
be  punished  by  a  fine  of  not  less  than  five  hundred  nor  more 
than  five  thousand  dollars,  or  by  imprisonment^  with  or  with- 
out hard  labor,  not  less  than  six  months  nor  more  than  six 
years,  or  by  both  such  fine  and  imprisonment. 

Sec.  5519.  If  two  or  more  persons  in  any  state  or  ter- 
ritory conspire,  or  go  in  disguise  on  the  highway  or  on  the 
premises  of  another,  for  the  purpose  of  depriving,  either 
directly  or  indirectly,  any  person  or  class  of  persons  of  the 
equal  protection  of  the  laws,  or  of  equal  privileges  and  im- 
munities under  the  laws ;  or  for  the  purpose  of  preventing  or 
hindering  the  constituted  authorities  of  any  state  or  territory 
from  giving  or  securing  to  all  persons  within  such  state  or 
territory  the  equal  protection  of  the  laws ;  each  of  such  per- 
sons shall  be  punished  by  a  fine  of  not  less  than  five  hundred 
nor  more  than  five  thousand  dollars,  or  by  imprisonment, 
with  or  without  hard  labor,  not  less  thaji  six  months  nor 
more  than  six  years,  or  by  both  such  fine  and  imprisonment. 

Sec.  5528.  Every  officer  of  the  army  or  navy,  or  other 
person  in  the  civil,  military  or  naval  service  of  the  United 
States,  who  orders,  brings,  keeps,  or  has  under  his  authority 
or  control,  any  troops  or  armed  men  at  any  place  where  a 
general  or  special  election  is  held  in  any  state,  unless  such 
force  be  necessary  -to  repel  armed  enemies  of  the  United 
States,  or  to  keep  the  peace  at  the  polls,  shall  be  fined  not 
more  than  five  thousand  dollars,  and  suffer  imprisonment 
at  hard  labor  not  less  than  three  months  nor  more  than 
five  years. 

Sec.  5529.  Every  officer  or  other  person  in  the  mili- 
tary or  naval  service,  who,  by  force,  threat,  intimidation, 
order,  advice,  or  otherwise,  prevents,  or  attempts  to  prevent, 
any  qualified  voter  of  any  state  from  freely  exercising  the 
right  of  suffrage  at  any  general  or  special  election  in  such 
state,  shall  be  fined  not  more  than  five  thousand  dollars, 
and  imprisoned  at  hard  labor  not  more   than  five  years. 

Sec.  5530.  Every  officer  of  the  army  or  navy  who  pre- 
scribes or  fixes,  or  attempts  to  prescribe  or  fix,  whether  by 
proclamation,  order,  or  otherwise,  the  qualifications  of  voters 
at  any  election  in  any  state,  shall  b'e  punished  as  provided 
in  the  preceding  section. 


OHIO    ELECTION    LAWS. 


13 


Sec.  5531.  Every  officer  or  other  person  in  the  mili- 
tar)-^  or  naval  service,  who,  by  force,  threat,  intimidation, 
order,  or  otherwise  compels,  or  attempts  to  compel,  any 
officer  holding  an  election  in  any  state  to  receive  a  vote 
from  a  person  not  legally  qualified  to  vote,  or  who  imposes 
or  attempts  to  impose,  any  regulations  for  conducting  any 
general  or  special  election  in  a  state  different  from  those 
prescribed  by  law,  or  who  interferes  in  any  manner  with  any 
officer  of  an  election  in  the  discharge  of  his  duty,  shall  be 
punished  as  provided  in  section  fifty-five  hundred  and  twen- 
ty-nine. 

Sec.  5532.  Every  person  convicted  of  any  of  the 
offenses  specified  in  the  five  preceding  sections  shall,  in 
addition  to  the  punishments  therein  severally  prescribed,  be 
disqualified  from  holding  any  office  of  honor,  profit  or  trust 
under  the  United  States ;  but  nothing  in  those  sections  shali 
be  construed  to  prevent  any  officer,  soldier,  sailor,  or  marine 
from  exercising  the  right  of  suffrage  in  any  election  district 
to  which  he  may  belong,  if  otherwise  qualified  according 
to  the  laws  of  the  state  in  which  he  offers  to  vote. 


Interference 
of  same  with 
officer  of  elec- 
tion, etc. 


Disqualifica- 
tion for  hold- 
ing office. 


OHIO    ELECTION    LAWS. 


15 


PROVISIONS  OF  THE 

Constitution  of  the  State  of  Ohio 

RELATING  TO  ELECTIONS. 


ARTICLE  V. 

ELECTIVE    FRANCHISE. 

Sec.  I.  Every  white  male  citizen  of  the  United  States, 
■of  the  age  of  twenty-one  years,  who  shall  have  been  a  resi- 
-dent  of  the  state  one  year  next  preceding  the  election,  and 
of  the  county,  township,  or  ward,  in  which  he  resides,  such 
time  as  may  be  provided  by  law,  shall  have  the  qualifications 
of  an  elector,  and  be  entitled  to  vote  at  all  elections. 

The  constitutional  provision  requiring  a  person  to  have  re- 
sided in  the  state  one  year  previous  to  the  election,  applies  to  a 
person  who  is  a  minor  at  the  time  of  coming  into  the  state.  T. 
10-27-96. 

Sec.  2.     All  electiqns  shall  be  by  ballot. 


Who  may 
vote. 


By    ballot. 


Sec.  3.     Electors  during  their  attendance  at  elections.    Votetrs,  when 
and  in  going  to,  and  returning  therefrom,  shall  be  privi-    frim ^arrest, 
leged  from  arrest  in  all  cases,  except  treason,  felony,  and 
breach  of  the  peace. 

Sec.  4.     The  general  assembly  shall  have  power  to  ex-    Forfeiture  of 
■elude  from  the  privilege  of  voting,  or  of  being  eligible  to    ^E''^  ^""" 
office,  any  person  convicted  of  bribery,  perjury,   or  other 
infamous  crimes. 

Sec.   K.     Xo  person  in  the  militarv.  naval,  or  marine    Persons  not 

1        T -r     .       ,    r-  1      11     1        1     "^  •  J    •  consiclered 

service  in  the  united  States,  shall,  by  being  stationed  in  any    residents  of 
garrison,  or  military,  or  naval  station,  within  the  state,  be    *''^  **^*^' 
considered  a  resident  of  this  state. 

Sec.  6.     No  idiot,  or  insane  person,  shall  be  entitled  to    Wiots  or  in- 

,  .    .,  .  ,  r  '  sang    persons. 

the  privileges  of  an  elector. 

ARTICLE  XVII. 

Section  i.     Elections  for  state  and  county  officers  shai! 
be   held   on   the    first   Tuesdav   after   the   first    Mondav    in 


16  OHIO    ELECTION    LAWS. 

November  in  the  even  numbered  years ;  and  all  elections 
for  all  other  elective  officers  shall  be  held  on  the  first 
Tuesday  after  the  first  Monday  in  November  in  the  odd 
numbered  years. 

Sec.  2.  The  term  of  office  of  the  governor,  lieutenant 
.  governor,  attorney-general,  secretary  of  state  and  treas- 
urer of  state  shall  be  two  years,  and  that  of  the  auditor 
of  state  shall  be  four  years.  The  term  of  office  of  the 
judges  of  the  supreme  court  and  circuit  courts  shall  be  such 
even  number  of  years  not  less  than  six  (6)  years  as  ma}' 
be  prescribed  by  the  general  assembly;  that  of  the  judges 
of  the  common  pleas  court  six  (6)  years  and  of  the  judges 
of  the  probate  court,  four  (4)  years,  and  that  of  other 
judges  shall  be  such  even  number  of  years  not  exceeding 
six  (6)  years  as  may  be  prescribed  by  the  general  assembly. 
The  term  of  office  of  justices  of  the  peace  shall  be  such 
even  number  of  years  not  exceeding  four  (4)  years,  as 
may  be  prescribed  by  the  general  assembly.  The  term  of 
■  office  of  the  members  of  the  board  of  public  works  shall 
be  such  even  number  of  years  not  exceeding  six  (6)  years 
as  may  be  so  prescribed  ;  and  the  term  of  office  of  all  elective 
county,  township,  municipal  and  school  officers  shall  be 
such  even  number  of  years  not  exceeding  four  (4)  years 
as  may  be  .so  prescribed. 

And  the  general  assembly  shall  have  power  to  so  ex- 
tend existing  terms  of  office  as  to  effect  the  purpose  of 
section  I  of  this  article. 

Any  vacancy  which  may  occur  in  any  elective  state 
office  other  than  that  of  a  member  pf  the  general  assembly 
or  of  governor,  shall  be  filled  by  appointment  by  the  gov- 
.  ernor  until  the  disability  is  removed,  or  a  successor  elected 
and  qualified.  Every  such  vacancy  shall  be  filled  by  elec- 
tion at  the  first  general  election  for  the  office  which  is  vacant, 
that  occurs  more  than  thirty  (30)  days  after  the  vacancy 
shall  have  occurred.  The  person  elelctcd  shall  fill  the 
office  for  the  unexpired  term.  All  vacancies  in  other  elec- 
tive offices  shall  be  filled  for  the  unexpired  term  in  such 
•    manner  as  may  be  prescribed  by  law. 

Sec.  3.  Every  elective  officer  holding  office  when  this 
amendment  is  adopted,  shall  continue  to  hold  such  office 
for  the  full  term  for  which  he  was  elected,  and  until 
his  successor  shall  be  elected  and  qualified  as  provided  by 
law. 


OHIO    ELECTION    LAWS. 


17 


OHIO  ELECTION  LAWS. 


ORIGINAL   SURVEYED   TOWNSHIPS. 


Sec.  1366.  As  soon  as  there  are  four,  or  more,  electors 
in  any  original  surveyed  township  of  five  or  six  miles 
square,  or  fractional  township,  wherein  there  is  either  the 
reserved  section  twenty-nine  or  sixteen,  or  where  said  sec 
tion  sixteen  has  been  disposed  of  by  congress  and  any  other 
section  granted  in  lieu  thereof,  whether  such  other  section 
be  situate  within  or  without  said  original  township,  and  in 
all  other  fractional  townships  which  by  law  are  entitled  to  a 
section  or  a  part  of  a  section  for  school  purposes,  the  said 
electors,  or  any  of  them,  may  apply  to  the  covmty  commis- 
sioners for  the  organization  and  incorporation  of  such  orig- 
inal township  or  fractional  township.      [73  v.  186,  §1.] 

Sec.  1367.  On  the  application  of  any  of  said  electors, 
and  it  being  made  to  appear  to  the  satisfaction  of  the  county 
commissioners,  that  there  are  at  least  four  electors  in  an\ 
such  original  township  or  fractional  township,  the  commis- 
sioners shall  order  an  election  of  three  trustees  and  one 
treasurer  therein,  and  give  at  least  fifteen  days'  written  no- 
tice of  such  election,  by  setting  up  in  three  of  the  most  pub- 
lic places  in  the  township  such  notices,  designating  the  time 
and  place  of  such  election,  and  the  place  shall  be  as  near  the 
center  of  such  township  as  practicable.     [29  v.  490,  §  2.] 

Sec.  1368.  Elections  in  such  original  surveyed  town- 
ships, shall  be  held  at  such  times  and  conducted  in  such 
manner  as  the  trustees  of  such  townships  may  provide,  tlic 
place  of  holding  said  elections  to  be  as  near  the  center  of  the 
township  as  can  be,  and  at  least  fifteen  days'  notice  of  such 
election  to  be  given  by  notices  posted  in  five  or  more  of  the 
public  places  of  the  original  surveyed  township,  and  the  trus- 
tees of  such  township  shall  be  a  body  corporate,  with  power 
to  contract  and  be  contracted  with,  sue  and  be  sued,  and  to 
take  charge  of  such  section  or  sections,  or  parts  of  section  or 
sections,  and  to  manage  the  same  according  to  the  best  in- 
terests thereof.     [97  v.  186.] 

There  is  no  provision  of  law  for  the  payment  of  judges  and 
clerks  of  elections  in  original  surveyed  townships,  where  such 
election  is  held  under  authority  of  this  section,  and  other  sections 
following,  relating  to  elections  in  original  townships.     L.   11-29-05. 


When   original 
township  _  may 
be   organized 
and  incorpo- 
rated. 


Application  to 
commissioners 
and  their 
order  thereon, 
and  notice  of 
election. 


Conduct    of 
elections    in. 


Powers   of 
trustees. 


18 


OHIO    ELECTION    LAWS. 


When    county 
auditor    may 
appoint 
trustees   or 
treasurer. 


When   election 
may   be   held 
to  fill  vacancy. 


J.^.ce^and  sub-  ^^'^-  ^3^-    The  tfustccs  and  treasurer  shall  hold  their 

sequent  eiec-  offices  for  three  years,  and  a  like  election  shall  be  held  every 
third  year,  of  which  the  trustees  shall  give  fifteen  days' 
previous  notice  as  aforesaid.  If  said  trustees  shall  at  any 
time  fail  to  give  said  fifteen  days'  notice;  then  the  county 
auditor  shall  appoint  from  among  the  electors  of  such  town- 
ship three  trustees  and  one  treasurer,  who  shall  hold  their 
offices  for  the  same  term  and  perform  the  same  duties  and 
have  the  same  powers  as  if  elected  as  aforesaid.  [97  v. 
186.] 

Sec.  1 37 1.  When  it  comes  to  the  knowledge  of  the 
county  auditor  that  the  electors  of  any  such  township  have 
failed  to  apply  to  the  commissioners  as  aforesaid,  for  one 
year  after  such  application  is  authorized,  or  that  in  any  such 
township  the  trustees  and  treasurer  elected  have  failed  to 
qualify  or  to  perform  the  duties  incumbent  upon  them,  the 
auditor  shall  appoint  from  among  the  electors  of  such  town- 
ship three  trustees  and  one  treasurer,  who  shall  hold  their 
offices  for  the  same  term  and  perform  the  same  duties,  and 
have  the  same  powers  as  if  elected  as  aforesaid.  And  in  case 
the  term  of  office  of  such  trustees  and  treasurer  have  ex- 
pired, and  no  successors  have  been  elected  or  appointed,  as 
l:y  this  chapter  provided,  an  election  may  be  ordered,  as 
provided  in  section  thirteen  hundred  and  sixty-seven.  In 
case  such  application  is  made,  the  commissioners  of  the 
county  in  which  said  reserved  section,  or  part  thereof,  is 
substituted,  shall  order  an  election,  designating  the  time  and 
place  of  holding  the  same.  Said  election  shall  be  held  at 
such  times  and  conducted  in  such  manner  as  said  commis- 
sioners may  provide.      [97  v.  186.] 

Sec.  1418.  Section  sixteen,  and  all  lands  in  lieu  there- 
of, granted  for  school  purposes,  may  be  sold,  and  such  sales 
shall  be  according  to  the  re;^ulations  hereinafter  prescribed. 
[70  V.  195,  §  133.] 

Sec.  1419.  In  cases  where  there  has  been  no  vote 
taken  for  the  sale  of  any  such  land,  the  trustees  of  any 
township  to  which  such  lands  belong,  shall,  at  least  thirty 
days  prior  to  the  taking  of  such  vote,  cause  not  less  than 
eight  notices  to  be  posted  up  in  as  many  of  the  most  pubhc 
places  of  such  township,  notifyin-i^  the  voters  resident  therein 
to  meet  at  some  convenient  place  and  time  therein  specified, 
and  then  and  there  cast  their  ballots  for  or  against  the  sale 
of  any  such  lands  belonging  to  such  township ;  and  if  such 
vote  result  in  a  refusal  to  sell  such  lands,  the  trustees  may, 
in  the  same  manner,  authorize  the  taking  of  a  subsequent 
vote  as  often  as  they  deem  proper ;  but  no  such  subsequent 
vote  shall  be  taken  until  one  year  has  elapsed  since  the  last 
preceding  vote.     [70  v.  195,  §  134.] 

Trustees  of  Sec.  1420.    The  trustccs  of  the  township  shall  preside 

p^reride'^'at  *      at  the  taking  of  such  ballots,  and  shall  appoint  two  clerks, 
meeting.  ^^^  shall  keep  two  poll-books,  containing  the  names  of  the 


School   lands 
may   be  sold. 


Proceedings 
when   vote   has 
not    been 
taken. 


Trustees  mav 
authorize  sub- 
sequent   vote. 


OHIO   ELECTION    LAWS. 


19 


Election    in  _ 
new    township. 


voters  and  the  result  of  the  ballot,  which  poll-books  must   JJ"^^it|d*" 
be  signed  by  the  trustees  and  clerks ;  and  in  case  such  bal-    with  auditor, 
lots  result  in  favor  of  a  sale,  the  trustees  shall,  within  ten 
days  after  such  election,  deposit  one  of  said  poll-books  with 
the  auditor  of  the  county  within  which  said  lands   (or  the 
greater  portion  thereof)  are  situated,  with  a  copy  of  the  no- 
tice given,  and  the  affidavit  of  one  or  more  of  the  trustees, 
stating  the  manner  of  giving  such  notices,  and  the  time  and  . 
place  of  putting  up  the  same,  which  notices,  affidavit,  and  • 
poll-book  shall  be  by  said  auditor  copied  into  a  book  for 
that  purpose  to  be  provided,  and  when  so  recorded,  such 
record  shall  be  proof  of  the  facts  therein  stated.     [70  v.  195, 

§  I35-] 

CIVIL  TOWNSHIPS. 

Sec.  1441.  When  a  new  township  is  set  off,  the  county 
commissioners  shall  forthwith  give  public  notice  by  adver- 
tisement, in  three  public  places  in  such  township,  at  least 
ten  days  before  the  time,  of  the  time  and  place  of  holding  an 
election  for  township  officers,  and  the  electors  of  such  town- 
ship shall  at  such  time  and  place  assemble,  and  then  and 
there  elect  township  officers ;  and  the  officers  so  elected  shall 
hold  their  offices  until  the  next  annual  township  election, 
and  their  successors  are  elected  and  qualified.     [51  v.  489, 

§  4.] 

Sec.  1442.  Township  offiers  shall  be  chosen  for  a 
term  of  two  years  and  justices  of  the  peace  for  a  term  of 
four  years,  by  the  electors  of  each  township,  on  the  first 
Tuesday  after  the  first  Monday  in  November  in  the  odd 
numbered  years,  and  their  terms  of  office  shall  commence 
on  the  first  day  of  Januarv  next  after  their  election.  [98  O. 
L.  171.] 

Sec.  1443.  The  trustees  shall  fix  the  place  of  holding 
elections  within  their  township,  or  oT  any  election  precinct 
thereof,  and  they  may  purchase  or  lease  for  this  purpose  a 
house  and  suitable  grounds,  or  by  permanent  lease  or  other- 
wise, a  site,  and  erect  thereon  a  house ;  and  upon  a  vote  of  a 
majority  of  the  electors  of  the  township  or  a  precinct  thereof 
votin-^f  at  any  general  election  in  favor  of  a  tax  therefor,  at 
least  thirty  days'  notice  having  been  given  by  posting  up 
such  written  notices  in  at  least  five  of  the  most  public  places 
in  such  township  or  precinct  that  at  such  election  a  vote 
would  be  taken  for  or  against  a  tax  to  purchase  a  site  and 
build  a  town  hall,  the  trustees  may  purchase  a  site  and  erect 
thereon  a  town  hall  for  such  township  or  precinct,  the  whole 
not  to  cost  over  two  thousand  dollars,  and  levy  a  tax  on  all 
the  taxable  property  within  such  township  or  precinct  to 
pay  the  same.     [90  v.  257.] 

An  election  will  not  be  declared  void  because  the  notice  re- 
ouired  by  statute  was  not  given  for  the  full  length  of  time  speci- 
fied, when  it  appears  that  the  great  bod}'  of  electors  has  actual 
notice! of  and  participated  in  the  election. 

Harpster  v.  B rower,  et  al'.  5.  C.  C.  395. 


Township  offi- 
cers and  jus- 
tices   of    the 
peace ;   elec- 
tion and  be- 
ginning of 
term. 


Place  of  hold- 
ing elections 


Town  hall. 


20 


OHIO   ELECTION    LAWS. 


Notice    of 
township  elec- 
tion. 


How    notice 
served. 


or^dir  at^eflc-  ^^^-  H44-    The  trustces  at  every  election,  or  township 

tions.  meeting,  have  power  to  cause  any  disorderly  person  to  be 

removed,  and,  if  necessary,  confined  until  the  close  of  such 
election,  or  meeting ;  and  every  constable  present  shall  obey 
their  orders  and  directions,  for  the  purpose  of  preserving 
order  at  such  meeting.     [51  v.  489,  §  24.] 

Sec.  1445.  At  least  twenty  days  before  the  regular 
election  for  township  officers,  the  trustees  shall  issue  their 
warrant  to  a  constable  of  the  township,  directing  him  to 
notify  the  electors  of  such  township  to  assemble  at  the  time 
and  place  appointed  for  the  regular  election,  and  such  war- 
rant shall  enumerate  the  officers  to  be  chosen  at  such  elec- 
tion ;  and,  on  application  of  two  or  more  freeholders  of  the 
township,  for  that  purpose,  the  trustees  shall  insert  in  such 
warrant  such  other  question,  if  any,  as  may  be  proposed  to 
be  submitted  at  such  election.     [98  O.  L.  171.] 

Sec.  1446.  The  constable  who  receives  such  warrant 
shall  notify  the  electors  of  the  township,  by  setting  up  copies 
of  such  warrant  in  at  least  three  public  places  in  such  town- 
ship, at  least  ten  days  before  the  meeting  of  the  electors ;  but 
where  the  office  of  one  or  more  of  the  trustees  is  vacant,  the 
township  clerk,  together  with  the  trustee  or  trustees  in 
office,  shall  issue  the  warrant  aforesaid.     [51  v.  489,  §  17.] 

Sec.  1392.  In  all  townships  which  have  been  divided, 
the  trustees  shall  give  fifteen  days'  notice  of  the  time  and 
place  of  holding  elections  in  the  precincts  of  such  town- 
ships, by  posting  up  written  or  printed  notices  in  such  num- 
ber of  places  as  to  them  seem  proper,  for  the  general  in- 
formation of  the  electors  of  the  several  precincts.  [51  v. 
497,  S.  &  C.  1573.] 

Sec.  1448.  There  shall  be  elected  in  each  township  one 
township  clerk,  three  trustees,  one  township  treasurer  and 
sitch  number  of  constables  as  may  be  directed  by  the  trustees, 
and  the  judges  and  clerks  in  discharging  their  duties  at  such 
election  shall  be  governed  in  all  respects  by  the  law  regulat- 
ing elections ;  and  in  case  any  two  or  more  persons  have  the 
highest  and  an  equal  number  of  votes  for  any  one  of  the 
township  offices  directed  to  be  filled,  the  clerk  of  the  town- 
ship shall  determine  by  lot  which  of  the  persons  is  duly 
elected.     [98  O.  L.  172.]  • 

The  election  of  a  road  supervisor  is  held  under  the  provisions 
of  this  section,  and  not  under  the  Australian  Ballot  Law,  hence 
a  judge  of  such  election  was  not  rendered  ineligible  to  serve,  be- 
cause of  the  fact  that  he  was  a  candidate  for  road  supervisor. 
K.    4-8-97. 

In  a  proceeding  to  contest  the  election  of  a  township  trustee 
held  under  the  Australian  Ballot  Law,  rejection  and  destruction 
of  the  ballots  by  the  judges  of  election  is  not  final  or  conclusive, 
but  the  contents  of  the  ballots  thus  rejected  and  destroyed  may 
be  shown  by  parole. 

State  ex  rel.  v.  Conser,  6  C.  C.    (N.  S.)    119. 


Notice    of 
holding    elec- 
tions. 


Election    of 

township 

officers. 


Laws   govern- 
ing   judges 
and  clerks. 
Tie    vote. 


OHIO    ELECTION    LAWS. 


21 


tion,    term 
and  vacancies. 


In  the  absence  of  any  statutory  provision  for  the  contest  of 
election  of  township  officers  quo  tvarranto  is  the  proper  remedy 
for  determining  the  legality  of  an  election  of  township  trustee. 
State  ex  rel.  v.  Conser,  5  C.  C.  (N.  S.)  119. 
A  statute  will  not  be  construed  as  abridging  or  appealing  the 
right  to  contest  an  election  for  fraud  or  mistake  unless  such  in- 
tention is  clearly  expressed. 

State  ex  rel.  v.  Conser,  5  C.  C.  (N.  S.)  119. 

Sec.  I.  That  in  any  township  in  which  there  have  Township 
been  located  and  established  county  or  township  ditches,  or  visor;  ^e^I 
in  which  county  or  township  ditches  may  hereafter  be  lo- 
cated and  established,  there  may  at  the  time  and  in  the  man- 
ner provided  by  law  for  the  election  of  township  officers,  be 
elected  a  township  ditch  supervisor,  who  shall  serve  for  a 
term  of  four  years.  In  case  a  vacancy  occurs  in  this  office, 
by  resignation  or  otherwise,  the  township  trustees  shall  fill 
said  vacancy  by  appointment,  until  the  next  proper  election, 
when  a  successor  shall  be  chosen  for  the  unexpired  term. 
[98  O.  L.  280.] 

Sec.  2996.  Elections  for  township  officers  shall  be 
held  in  the  same  precincts,  and  by  the  same  judges  of  elec- 
tion, as  provided  in  this  title  for  the  election  of  state  and 
county  officers ;  and  returns  of  township  elections  shall  be 
made  by  the  judges  thereof  in  the  several  election  precincts, 
to  the  proper  township  clerks,  within  one  day  after  the  elec- 
tion.     [69  V.  202,  §  I.] 

The  ballot  laws  do  not  provide  a  form  of  ballot  for  the  elec- 
tion of  road  supervisors.  It  is  customary  with  the  deputy  state 
supervisor  to  print  the  township  tickets  with  a  blank  space  on  the 

same  under  the  designation ;    "For  Road  Supervisor  

District."  The  voters  may  write  the  names  of  candidates  in  such 
space  under  the  designation,  and  fill  in  the  blank  with  the  proper 
district  number  and  the  judges  and  clerks  of  election  should  canvass 
the  same  and  certify  the  result  to  the  township  clerk.     L.    9-28-05. 


Where   and 
how    town- 
ship  elections 
to   be    held. 


JUSTICES  OF  THE  PEACE. 

Sec.  566.  When  a  new  township  is  set  off,  the  court 
of  common  pleas  of  the  proper  county  shall  determine  on 
a  suitable  number  of  justices  of  the  peace  for  such  township, 
and  the  day  of  election,  and  the  clerk  of  the  court  shall  trans- 
mit a  copy  of  the  proceedings  thereof  to  the  trustees  of  the 
same,  who  shall  immediately  give  notice  to  the  electors,  in 
the  manner  pointed  out  in  section  five  hundred  and  sixty- 
seven,  to  elect  the  justices  so  determined  on ;  and  should 
there  be  no  trustees  of  the  township,  the  clerk  shall  give 
notice  of  such  election  by  causing  advertisements  to  be  set 
up  in  three  public  places  in  the  township,  not  less  than  ten 
nor  more  than  fifteen  days  previous  to  the  election  desig- 
nating the  time  and  place  of  holding  such  election.  [51  v. 
406,  §  I.] 

The  nominees  for  the  office  of  justice  of  the  peace  of  a  town- 
ship containing  more  than  one  precinct,  receiving  the  highest 
number  of  votes,    of  such  township  are  entitled  to  the  certificates 


Common    pleas 
court,  shall  fix 
number    for 
new    town- 
ships. 


22 


OHIO   ELECTION    LAWS. 


Justices  of  the 
peace ;    va- 
cancies  to   be 
filled   by   ap- 
pointment   by 
trustees. 


Election  and 
term. 


Notice    to 
county   clerk 
by    trustees. 


Question    of 
township 
library    shall 
be    submitted 
to    electors. 


Hearse    and 
vault    may   be 
provided    if 
electors    vote 
for  same. 


of   election   without    regard    to   the   precinct   in   which    they    reside. 
L.     11-13-05. 

Sec.  567.  When  a  vacancy  occurs  in  the  office  of  jus- 
tice of  the  peace  in  any  township,  either  by  death,  removal, 
absence  at  any  time  for  the  space  of  six  months,  resignation, 
refusal  to  serve,  or  otherwise,  the  trustees,  having  notice 
thereof,  shall,  within  ten  days  from  and  after  such  notice, 
fill  any  such  vacancy  by  appointing  a  suitable  and  qualified 
resident  of  the  township  who  shall  serve  as  justice  until  the 
next  regular  election  for  justice  of  the  peace,  and  until  his 
successor  is  elected  and  qualified ;  and  the  votes  of  a  ma- 
jority of  the  trustees  shall  be  necessary  to  appoint.  At  the 
next  regular  election  for  such  office  some  suitable  person 
shall  be  elected  justice  in  the  manner  provided  by  law,  for 
the  term  of  four  years  commencing  on  the  first  day  of  Janu- 
ary next  thereafter;  and  the  clerk  of  the  court,  in  certify- 
ii;£  to  the  secretary  of  state  the  appointment  of  a  justice  of 
ihc  peace  to  fill  any  such  vacancy,  shall  specify  in  his  certifi- 
cate, the  name  of  the  justice  of  the  peace  whose  place  is  sup- 
plied by  the  person  whose  appointment  is  so  certified,  and 
also  the  date  when  such  vacancy  occurred ;  and  to  enable  the 
clerk  of  the  court  to  comply  with  so  much  of  this  section  as 
relates  to  his  duties,  the  trustees  shall  notify  him  of  any  such 
vacancy,  and  the  date  when  it  occurred ;  and  in  case  the  elec- 
tion of  an  additional  justice  of  the  peace  in  any  township  is 
authorized  by  the  proper  authority,  the  clerk  of  the  court, 
in  certifying  his  election  to  the  secretary  of  state,  shall  state 
in  his  certificate  that  he  is  such  additional  justice  of  the 
peace,  so  authorized  and  elected.      [98  O.  L.   171.] 

Sec.  1476.  The  trustees  of  any  township,  on  the  pe- 
tition of  twenty  electors  thereof,  shall  upon  four  weeks' 
public  notice,  published  in  some  paper  of  general  circula- 
tion in  the  county,  submit  to  the  electors  of  such  township, 
at  some  general  election  in  November,  the  question  whether 
there  shall  be  a  public  library  established  in  such  township 
for  the  use  and  benefit  of  the  citizens  thereof,  and  those 
voting  at  siich  election  in  favor  of  such  library,  shall  put 
upon  their  ballots  the  words  "Public  library — yes,"  and  those 
voting  thereat  against  such  library,  the  words,  "Public 
library — no ;"  and  if  a  majority  of  the  electors  voting  at 
such  election  vote  in  favor  thereof,  the  trustees  aforesaid 
have  authority,  annually,  to  levy  upon  all  the  taxable  prop- 
erty of  such  township  a  tax  not  exceeding  one  mill  on  the 
dollar  valuation  thereof,  to  be  applied  to  the  establishment 
and  maintenance  of  a  library,  as  aforesaid,  and  the  procuring 
of  a  suitable  room  or  rooms  for  the  same.     [97  v.  189.] 

Sec.  1485.  The  trustees  of  any  township  are  author- 
ized to  levy  a  tax  in  such  amount,  as  shall  be  by  them 
determined,  to  purchase  a  hearse  and  build  a  vault,  or  for 
either  of  said  purposes,  for  the  use  of  said  township  to  be 


OHIO    ELECTION    LAWS. 


23 


under  the  control  of  the  trustees  thereof,  or  some  person  ap- 
pointed by  them ;  but  the  question  of  levying  such  tax,  for 
either  or  both  of  said  purposes,  and  the  amount  asked  there- 
for shall  be  separately  submitted  to  the  qualified  electors  of 
the  township  at  some  general  election,  twenty  days'  notice 
thereof  having  been  previously  given  by  posting,  in  at  lea^t 
three  public  places  in  said  township;  the  notice  shall  stat2 
specifically  the  amount  to  be  raised,  and  for  what  purpos.-. 
either  for  purchase  of  hearse,  or  erection  of  vault,  and  if  a 
majority  of  all  the  votes  cast  at  such  election  are  in  favor  o 
either,  .or  both  of  said  propositions,  the  same  shall  be  co:i- 
sidered  adopted,  and  the  tax  herein  provided  for  authorize! 
[75  V.  46,  §  I.] 

Sec.  i486.  The  electors  voting  at  said  election  sh::!l 
have  placed  on  their  ballots  the  words,  "Tax  for  hearse  — 
Yes,"  or  "Tax  for  hearse  —  No,''  and  upon  the  same  ballot. 
"Tax  for  vault  —  Yes,"  or  "Tax  for  vault —  Xo,"'  and  mv.v 
vote  for  one  proposition  and  against  the  other,  or  for  or 
against  both.      [75  v.  46,  §  2.] 


Election 
therefor. 


incorporation. 


IXXORPORATION  OF  VILLAGES  AND  HAMLETS. 

Sec.  1561a.  When  the  inhabitants  of  any  territory  or  Petttion  to 
portion  thereof  desire  that  such  territory  shall  be  incorpor-  trustees  for 
ated  into  a  village  or  hamlet  they  shall  make  application 
to  the  trustees  of  the  township  [in  which]  the  territory  is 
located,  and  if  the  territory  is  located  in  more  than  one  town- 
ship, to  the  trustees  of  the  township  in  which  the  majority 
of  the  said  inhabitants  reside,  by  petition,  signed  by  at  least 
30  electors  thereof,  a  majority  of  whom  shall  be  freeholders. 
Said  petition  shall  be  accompanied  by  an  accurate  map  of 
the  territory,  and  shall  contain  in  addition  to  the  matter  set 
forth  in  section.  1555  of  the  Revised  Statutes  of  Ohio,  the 
request  of  the  petitioners  that  an  election  be  held  to  obtain 
the  sense  of  the  electors  upon  such  incorporation  and  such 
petition  may  be  presented  at  a  regular  or  special  meeting 
of  the  township  trustees.     [94  v.  18.] 

Sec.  1 5616.  When  the  township  trustees  receive  the 
petition,  together  with  the  proof  that  the  persons  who  signed 
it  are  electors,  and  reside  within  the  limits  of  the  proposed 
incorporation,  and  that  a  majority  of  them  are  freeholders, 
they  shall  then  make  and  declare  that  such  territory  shall, 
with  the  assent  of  the  qualified  voters  thereof  as  hereinafter 
provided,  be  an  incorporated  village  or  hamlet  by  the  name 
specified  in  the. petition  aforesaid,  and  they  shall  also  include 
in  such  order,  a  notice  for  the  election  by  the  qualified 
voters,  residents  in  said  territory,  at  a  convenient  place 
therein  to  be  by  them  named,  on  some  day  within  fifteen 
days  thereafter,  to  determine  whether  such  territory  shall 
be  incorporated,  and  said  township  trustees  shall  give  ten 
days'  notice  of  such  election  by  publication  in  a  newspaper 


Procedure  of 
trustees  upon 
receipt  of  pe- 
tition. 


24 


OHIO    ELECTION    LAWS. 


of  general  circulation  in  such  territory,  and  cause  written 
or  printed  notices  thereof,  to  be  posted  in  three  or  more 
public  places  in  said  territory  proposed  to  be  incorporated. 
[92  V.  333.] 

Son'questiion  ^^^-  ^5^^^"     ^^^  towuship  trustces  shall  be  judges  of 

and  procedure  ihe  Ucction,  and  the  township  clerk  shall  be  clerk  thereof, 
thereafter.  ^^^^  ^^^  election  shall,  as  far  as  practicable,  be  conducted  in 
the  manner  prescribed  for  the  election  of  township  officers, 
and  the  ballots  shall  contain  the  words  "For  incorporation" 
and  "Against  incorporation,"  and  if  a  majority  of  the  ballots 
cast  at  such  election  shall  contain  thereon  the  words 
"Against  incorporation,"  the  voters  of  such  territory  shall 
be  deemed  not  to  have  assented  to  the  incorporation  thereof, 
and  no  further  proceedings  shall  be  had  in  relation  thereto, 
but  this  shall  not  be  a  bar  to  other  proceedings  for  the 
same  purpose;  but  if  a  majority  of  the  ballots  cast  sh'all 
have  thereon  the  words  "For  incorporation,"  the  township 
trustees  shall  cause  to  be  entered  on  the  journal,  a  minute 
of  all  their  proceedings,  the  number  of  votes  cast  at  the 
election,  the  number  of  votes  cast  for  incorporation,  and  the 
number- cast  against  incorporation,  and  they  shall  then  de- 
clare that  said  territory  shall  from  that  time  be  deemed 
an  incorporated  village  or  hamlet,  and  shall  make  an  order 
declaring  that  such  village  or  hamlet  has  been  incorporated 
by  the  name  adopted,  and  the  trustees  shall  make  a  certified 
transcript  of  the  journal  entries  of  all  their  proceedings,  to- 
gether with  their  original  petition  and  plat,  and  a  majority 
of  them  having  signed  it,  they  shall  deliver  the  same  to  the 
county  recorder,  who  shall  forthwith  make  a  record  of  the 
petition,  transcript  and  plat  or  map,  in  the  public  book  of 
'  records,  and  preserve  in  his  office  the  original  papers  de- 
livered to  him  by  the  trustees,  and  certify  thereon  that  the 
transcribed  petition  and  map  are  properly  recorded.  When 
the  recorder  has  so  made  said  record,  he  shall  certify  and 
forward  to  the  secretary  of  state,  a  transcript  of  the  same. 
The  corporation  shall  then  be  a  village  or  hamlet,  as  the  case 
may  be,  under  the  name  adopted  in  the  petition,  with  all 
powers  and  authorities,  and  be  recognized  as  such,  the 
same  as  if  such  incorporation  had  been  organized  under 
chapter  2,  division  2,  title  12  of  the  Revised  Statutes  of 
Injunction;  Ohio,  but  no  injunction  shall  be  brought,  as  provided  in 
erro?"  *°'  section  1 562  of  the  Revised  Statutes  of  Ohio  unless  the  same 
be  instituted  within  ten  days  from  the  filing  of  the  papers 
with  the  county  recorder ;  provided,  however,  that  the  right 
of  petition  to  the  court  of  common  pleas  for  error,  shall  exist 
as  is  provided  for  in  the  following  sections  of  this  chapter. 
[92  V.  334.] 

The  submission  of  a  question  of  incorporation  is  governed 
by  the  special  provisions  of  this  section,  and  not  by  the  super- 
visory election  law.     L.  2-28-05. 


OHIO    ELECTION    LAWS. 


25 


NEWLY  CREATED  HAMLET  OR  VILLAGE. 

Sec.  1565.  The  first  .election  of  officers  for  such  cor- 
poration shall  be  at  the  first  annual  municipal  election  after 
its  creation,  and  the  place  of  holding  the  election  shall  be 
fixed  by  the  agent  of  the  petitioners,  and  notice  thereof, 
printed  or  plainly  written,  shall  be  posted  by  him  at  three  or 
more  public  places  within  the  limits  of  the  corporation,  at 
least  ten  days  before  the  election ;  which  election  shall  be 
conducted,  and  the  officers  chosen  and  qualified,  in  the 
manner  prescribed  for  the  election  of  township  officers ; 
provided,  that  such  first  election  may  be  a  special  election 
held  at  any  time  not  exceeding  six  months  after  the  incor- 
poration, and  the  time  and  place  of  holding  such  special 
election  shall  be  fixed  by  the  agent  aforesaid,  and  notice 
tliereof  shall  be  given  as  is  required  in  this  section  for  the 
annual  municipal  election.     [73  v.  157,  §  24.] 

The  returns  of  the  first  election  for  village  officers  should  be 
made  to  the  township  clerk,  whose  duty  it  is  to  canvass  the 
returns  and  issue  certificates  of  election  to  the  officers  of  the  newly 
constituted  village.  Thereafter  all  returns  of  municipal  elections 
will  be  made  to  the  clerk  of  the  village.     L.  1-30-06. 

Sec.  1566a.  That  any  territory  requiring  police  pro- 
tection and  containing  a  population  of  not  less  than  fifty 
persons  and  immediately  surrounding  a  summer  resort,  park, 
lake  or  picnic  ground,  kept  regularly  for  such  outing  and 
pleasure,  may  incorporate  by  setting  up  notices  of  an  election 
in  three  of  the  most  public  places  in  the  territory  proposed 
to  be  included  in  the  incorporation  signed  by  five  citizens  and 
electors  of  the  territory.  Said  notices  to  be  posted  at  least 
ten  days  before  the  election,  stating  time  and  place  where 
such  election  shall  be  held,  and  shall  contain  an  accurate 
description  of  the  territory  proposed  to  be  taken  into  the 
incorporation.  The  election  shall,  as  far  as  practicable,  be 
conducted  in  the  manner  prescribed  for  the  election  of  town- 
ship officers.  The  electors  present  shall  choose  three  judges 
and  two  clerks  from  the  electors  present  to  act  as  judges  and 
clerks  of  said  election,  and  the  ballot  shall  contain  the  words : 
"For  incorporation''  and  "Against  incorporation."  If  the 
majority  of  the  ballots  cast  at  such  election  shall  contain 
the  words  "For  incorporation,"  it  shall  be  deemed  that  the 
citizens  of  the  designated  territory  have  assented  to  such 
incorporation.  And,  if  the  majority  of  the  ballots  cast  at 
such  election  shall  contain  the  words  "Against  incorpora- 
tion," it  shall  be  deemed  that  the  people  of  said  designated 
territory  shall  not  have  assented  to  the  incorporation  thereof. 
Such  laws  governing  the  creation  and  regulation  of  incor- 
porated villages  in  force  and  such  as  may  be  hereinafter 
enacted  shall  have  full  force  and  effect  in  so  far  as  are  not 
inconsistent  and  do  not  conflict  with  the  provisions  of  this 
act.      [95  V.  469.] 


Election    of 
officers. 


Incorporation 
of    territory 
surrounding 
summer   re- 
sorts,   etc. 


Laws    to 
govern. 


26 


OHIO    ELECTION    LAWS. 


SURRENDER  OF  CORPORATE  POWERS. 

surremfer"^^  SECTION  4.     Villascs    may.  Surrender    their    corporate 

their  corpor-  powcrs  upon  petition  to  council  of  at  least  forty  per  cent, 
procedure.^'  of  the  elcctors  thereof,  to  be  determined  by  the  number 
voting  at  the  last  municipal  election,  and  an  affirmative 
vote  of  a  majority  of  said  electors  at  a  special  election 
which  shall  be  provided  for  by  council,  and  conducted  and 
canvassed,  and  the  result  certified  and  made  known  as 
regular  municipal  elections  within  the  corporation.  If  the 
result  of  the  election  is  in  favor  of  such  surrender,  the  clerk 
of  the  village  shall  certify  the  same  to  the  secretary  of  state 
and  the  recorder  of  the  county,  who  shall  record  the  same  in 
their  respective  offices,  and  thereupon  the  corporate  powers 
of  such  village  shall  cease ;  provided  that  such  surrender 
of  corporate  powers  shall  not  affect  vested  rights  or  accrfted 
liabilities  6f  such  village,  or  the  power  to  settle  claims, 
dispose  of  property,  or  levy  and  collect  taxes  to  pay  exist- 
ing obligations.;  but  after  the  presentation  of  the  petition 
herein  referred  to,  council  shall  not  create  any  new  lia- 
bility until  the  result  of  the  election  is  declared,  nor 
thereafter,  if  such  result  is  in  favor  of  the  surrender  of 
corporate  powers ;  provided,  further,  that  due  and  unpaid 
taxes  may  thereafter  be  collected,  and  all  moneys  or  prop- 
erty remaining  after  such  surrender  shall  belong  to  the 
school   district   embracing  such   village. 

All  courts  shall  take  judicial  notice  of  the  classifica- 
tion of  the  municipal  corporations,  and  their  advance- 
ment, reduction  and  surrender  of  powers.      [96  v.  21.] 


Annexation  of 
one    munici- 
pality   to 
another. 


Submission   of 
question    to 
vote. 


Ordinance   for 
purpose. 


ANNEXATION    OF   ONE   MUNICIPAL    CORPORA- 
TION TO  ANOTHER. 

Sec.  1606.  When  the  inhabitants,  generally,  of  any 
municipal  corporation,  the  territory  of  which  shall  be  con- 
tiguous, and  adjoining  the  territory  of  another  municipal 
corporation,  desire  to  be  annexed  to  such  other  corporation, 
such  annexation  shall  be  effected  in 'the  manner  hereinafter 
described.     [66  v.  267,  §  697.] 

Sec.  1607.  The  trustees  or  council  of  the  corporation 
proposing  such  annexation  shall  submit  the  question  of 
annexation  to  the  electors  of  the  corporation,  and  the  trus- 
tees or  council  of  the  incorporation  to  which  the  annexation 
is  proposed  to  be  made,  shall  also  submit  the  same  question 
to  its  electors.     [66  v.  267,  §  698.]" 

Sec.  1608.  The  submission  shall  be  by  ordinances 
adopted  by  the  trustees  or  council  of  each  corporation  at 
least  thirty  days  prior  to  an  annual  election,  at  which  elec- 
tion the  vote  shall  be  taken,  and  the  ordinances  shall  each 
prescribe   the   manner   in    which   su  ;h   submission   shall   be 


OHIO   ELECTION    LAWS. 


27 


made,  and  they  shall  be  published  in  each  corporation,  by 
posters  or  otherwise,  in  such  manner  as  the  respective 
trustees  or  councils  may  deem  most  expedient,  for  the  period 
of  at  least  twenty  days  prior  to  the  day  fixed  for  such  elec- 
tion.    [66  V.  268,  §  700.] 

Sec.  1609.  If  a  majority  of  the  electors  of  each  cor- 
poration, voting  on  the  question  so  submitted,  is  in  favor  01 
such  annexation,  the  trustees  or  council  of  each  shall  there- 
upon cause  the  result  to  be  certified  to  the  other  corpora- 
tion.    [66  V.  268,  §  700.] 


Result,   if 
favor  able,   to 
be  certified. 


Municipal  offi- 
cers; election 
and  beginning 
•  of   term. 


ELECTION  OF  MUNICIPAL  OFFICERS. 

Sec. 222.  All  elective  municipal  officers,  and  judges 
and  clerks  of  police  courts  and  assessors  shall  be  chosen  on 
the  first  Tuesday  after  the  first  Monday  in  November  in 
the  odd  numbered  years,  for  a  term  of  two  years,  excepi 
judges  of  police  courts  who  shall  be  chosen  for  a  term  of 
four  years,  and  their  respective  terms  of  office  shall  com- 
mence on  the  first  dav  of  January  next  after  their  election. 
[98  O.  L.  172.] 

Sec.  1718.  In  municipal  corporations  divided  into 
wards,  as  assessor  shall  be  elected  in  each  ward  at  every 
annual  .election.  He  shall  take  the  same  oath,  give  the 
same  bond  and  perform  the  same  duties  as  are  provided 
^  with  respect  to  township  assessors.  Provided,  that  in  any 
township,  composed  in  part  of  a  municipal  corporation  or 
municipal  corporations,  the  county  commissioners,  may,  by 
order  entered  on  their  journal,  constitute  the  territory  out- 
side such  municipal  corporation  or  corporations  one  or  more 
assessor  districts,  in  each  of  which  an  assessor  shall  be 
elected  annually,  in  accordance  with  law.  Provided,  also 
that  nothing  herein  shall  interfere  with  the  duties  now  de- 
volving upon  deputy  state  supervisors  of  elections.  [91  v. 
76.] 

Sec.  1725.  The  council  of  every  municipal  corpora- 
tion shall  designate  the  place  or  places  for  holding  the  regu- 
lar elections ;  and  in  all  corporations  divided  into  wards, 
there  shall  be  a  place  or  places  in  each  ward  designated  for 
holding  elections.      [67  v.  70,  §  72.] 

Under  this  section  giving  council  authority  to  control  the 
location  of  voting  places  within  a  village,  it  is  the  duty  of  such 
village  to  pay  the  rent  of  such  rooms  or  buildings,  so  selected, 
from  the  general  revenue  of  the  village.     L.     12-11-05. 

It  is  the  duty  of  the  proper  officers  of  the  municipality  to  pay 
the  expense  of  the  rent  of  all  such  places  so  designated  by  counsel 
for   election   purposes.     L.     11-12-06. 

Sec.  1726.     The  mayor,  previous  to  any  election  for  a    Mayor's  eiec- 
municipal   officer  or  officers,  shall  issue  a  proclamation  to    mation.™*^  ^*^ 
the  electors  of  the  corporation,  or  of  the  respective  wards 


Election,  oath, 
bond  and  du- 
ties or  asses- 
sors. 


Assessor    dis- 
tricts  in   cer- 
tain  towp- 
ships. 


Duties    of 
deputy  super- 
visors. 


Designation  of 
election. 


28 


OHIO    ELECTION    LAWS. 


Who  are 
electors. 


•Election  re- 
turns, when 
opened. 


Abstract    of 
■votes. 


Tie  vote  ;    de- 
cision   by    lot. 


or  districts,  as  the  case  may  require,  setting  forth  the  time 
and  places  of  election,  and  the  officers  to  be  chosen,  and 
cause  such  proclamation  to  be  published  in  some  news- 
paper Drinted  in  the  corporation,  at  least  ten  days  previous 
to  the  election,  or,  if  no  such  newspaper  is  published  in  the 
corporation,  such  notice  may  be  given  by  posters.  [66  v. 
i6i,  §  73] 

Sec.  1727.  A  person  who,  at  the  time  of  an  election 
for  municipal  officers,  is  an  elector  for  county  officers,  and 
resides  in  the  ward,  or  corporation,  if  there  be  no  wards,  in 
which  he  offers  to  vote,  is  a  qualified  elector ;  and  the  elec- 
tions shall  be  held  and  conducted,  in  all  respects,  in  the  man- 
ner prescribed  by  law  in  case  of  township  elections.  [66  v. 
162,  §  74.] 

Sec.  1728.  Returns  of  municipal  elections  in  corpora- 
tions which  are  divided  into  election  districts  or  wards, 
shall  be  made  to  the  clerk  or  auditor  of  the  corporation,  and 
be  opened  by  him^  within  the  time  prescribed  for  the  open- 
ing of  the  returns  of  county  elections.     [97  v.  190.] 

See  Lillard  v.  Ampt,  4  N.  P.  305. 

Sec.  1729.  The  clerk  or  auditor,  or  in  his  absence  or 
disability,  some  person  to  be  selected  by  the  council,  shall 
call  to  his  assistance  the  mayor,  and  in  his  presence,  make 
an  abstract  and  ascertain  the  candidates  elected,  as  re- 
quired by  law  with  respect  to  county  officers ;  and  he  shall, 
in  like  manner,  make  a  certificate  as  to  each  candidate  so 
elected,  and  cause  the  same  to  be  delivered  to  him,  or  left  at 
his  usual  place  of  abode ;  provided,  that  if  there  is  no  mayor, 
or  the  mayor  is  absent  or  disabled,  or  a  candidate  at  such 
election,  the  clerk  shall  call  to  his  assistance  a  justice  of  the 
peace  of  the  county.     [97  v.  190.] 

The  village  clerk  in  canvassing  the  returns  of  a  village  eleC'^ 
tion  has  no  authority  to  go  back  of  the  returns  made  by  the 
judges  and  clerks  of  election.  The  proper  course  is  to  issue  cer- 
tificates to  the  persons  shown  by  the  face  of  such  returns  to  have 
received  a  majority  of  the  votes  cast  for  the  several  offices  named 
therein.  Should  any  person  be  aggrieved  by-  errors  made  in  the 
printing  of  the  ballots,  such  errors  can  only  be  corrected  by  a 
contest  brought  by  the  person  aggrieved  in  a  competent  court 
against  the  persons  shown  on  the  face  of  the  returns  to  have  been 
elected.     L.     1U27-05. 

Sec.  1 73 1.  If  the  result  cannot  be  determined  from 
the  votes  cast,  for  the  reason  that  more  than  the  number  of 
persons  to  be  elected  have  an  equal  number  of  votes  for  the 
same  office,  then  the  officers  whose  duty  it  is  to  ascertain 
the  persons  elected,  shall  determine  by  lot  which  of  such 
persons  shall  be  declared  elected ;  and  the  election  of  any 
municipal  officer,  except  a  member  of  the  council,  may  be 
contested  in  the  manner  provided  by  law  for  contesting  the 
election  of  justices  of  the  peace,  except  in  cities  of  the  first 
i^rade  of  the  first  class,  such  election  may  be  contested  only 


OHIO   ELECTION    LAWS. 


29 


in  the  manner  provided  for  contesting  the  election  of  county 
officers.     [67  V.  70,  §  78.] 

The  determination  by  a  council  of  the  contested  election  of  a 
number  of  its  body,   cannot  be  reviewed  on  error. 

Steams  v.  Village  of  Wyoming  et  al.  53  O.  S.  352. 

The  jury  selected  to  try  a  contested  election  case  instituted 
by  a  rival  candidate  against  one  who  has,  by  the  proper  authority, 
been  declared  duly  elected  to  the  office  of  mayor  at  a  regular  munici- 
pal election,  is  authorized  to  decide,  and  should  determine  which 
of  the  candidates  was  elected,  or,  that  there  was  no  valid  electiorr 
of  either,  as  the  fact  may  warrant;  a  finding  that  the  contestee  did 
not  receive  a  majority  of  all  the  legal  votes  cast  at  that  election, 
and  a  decision  that,  therefore,  he  was  not  elected  to  the  office,  is 
incomplete,  and  insufficient  to  defeat  his  title  to  the  office. 
State  ex  rel.  v.  Wright,  56  O.  S.  540. 

A  mayor  of  a  municipal  corporation  who  has  been  regularly 
elected  to  the  office,  is  entitled  to  serve  until  his  successor  is  quali- 
fied: and  while  he  continues  to  so  serve  on  account  of  the  failure 
to  elect  his  successor  there  is  no  vacancy,  in  the  office  nor  is  the 
council  authorized  to  make  an  appointment  thereto.  ' 
State  ex  rel.  v.  Wright,  56  O.  S.  540. 

Sec.  1838.  The  mayor  shall,  three  days  previous  to 
and  on  the  day  of  any  election,  issue  a  proclamation  to  the 
public,  settiuio^  forth  therein  the  substance  of  the  enactments 
to  prohibit  the  sale  of  intoxicating  liquors  on  that  day ;  and 
it- shall  be  the  duty  of  the  mayor  to  take  proper  measures 
for  the  enforcement  of  such  enactment.     [61  v.  24,  §1.] 

The  expense  of  printing  of  the  Mayor's  proclamatioo,  required 
by  this   section,   must  be   paid  by   the   municipality.     L.     11-12-06. 


Proclamation 
as   to  sale  of 
liquors    on 
election   day. 


TOWNSHIP  AND  MUNICIPAL  BONDS. 

Sec.  2835.  That  the  trustees  of  any  township,  or  the 
council  of  any  municipal  corporation  of  the  state  of  Ohio, 
shall  have  the  power  to  issue  and  sell  bonds  in  such  amounts 
and  denominations,  for  such  period  of  time  and  at  such  rate 
of  interest,  not  exceeding  six  per  cent.,  and  in  such  manner 
as  is  provided  by  law  for  the  sale  of  bonds  by  such  township 
or  municipal  corporation,  for  any  of  the  purposes  provided 
for  in  this  act,  whenever  such  trustees  or  council  by  an  affir- 
mative vote  of  not  less  than,  two-thirds  of  the  members 
elected  or  appointed  thereto  shall  by  resolution  or  ordinance 
deem  the  same  necessary. 

1.  For  procuring  the  real  estate  and  right  of  way  for 
any  improvement  authorized  by  this  section,  or  for  purchas- 
ing real  estate  with  a  building  or  buildings  thereon,  to  be 
used  for  public  purposes. 

2.  For  extending,  enlarging,  improving,  repairing  or 
securing  a  more  complete  enjoyment  of  any  building  or  im- 
provement authorized  by  this  section,  and  for  equipping  and 
furnishing  the  same. 

3.  For  sanitary  purposes  and  for  erecting  a  crematory 
or  providing  other  means  for  disposing  of  garbage  and  re- 
fuse matters. 


Townships 
and    munici- 
palities   may 
issue  and  seU 
bonds    for 
purposes 
specified  in 
this    act. 


30  OHIO    ELECTION    LAWS. 

4.  For  improving  highways  leading  into  the  township 
or  corporation,  or  for  building  or  irnproving  a  turnpike,  or 
for  purchasing  one  or  more  turnpike  roads  and  making  the 
same  free. 

5.  For  constructing  wharves  and  landings  on  navi- 
gable waters. 

6.  For  erecting  infirmaries. 

7.  For  erecting  workhouses,  prisons  and  police  sta- 
tions. 

8.  For  erecting  houses  of  refuge  and  corrections. 

9.  For  erecting  market  houses  and  providing  market 
places. 

10.  For  erecting  public  halls  a;nd  public  ofifices. 

11.  For  erecting  or  purchasing  waterworks  and  sup- 
plying water  to  the  township,  or  corporation  and  the  in- 
habitants thereof. 

12.  For  erecting  or  purchasing  gas  works  or  electric 
light  works,  and  for  supplying  light  to  the  township  or  cor- 
poration and  the  inhabitants  thereof. 

13.  For  providing  grounds  for  cemeteries  or  cremator- 
ies, for  enclosing  and  embellishing  the  same,  and  for  erect- 
ing vaults. 

14.  For  constructing  sewers,  sewage  disposal  works, 
flushing  tunnels,  drains  and  ditches. 

15.  For  establishing  free  public  libraries  and  reading 
rooms. 

16.  For  the  establishment  of  free  public  baths. 

17.  For  erecting  monuments  to  commemorate  the  ser- 
vices of  soldiers,  sailors  and  marines  of  the  state  and  nation. 

18.  For  improving  any  water  course  or  water  front. 

19.  For  the  payment  of  obligations  arising  from  emer- 
gencies resulting  from  epidemics,  or  floods,  or  other  forces 
of  nature. 

20.  For  purchasing  and  condemning  the  necessary 
land  for  park  and  boulevard  purposes  and  for  improving 
the  same  as  well  as  for  improving  or  completing  the  im- 
provement of  any  existing  boulevard,  park,  or  parks. 

21.  For  erecting  hospitals  and  pest  houses  and  for 
rebuilding,  or  improving  existing  hospitals  and  pest  houses. 

22.  For  resurfacing,  repairing,  or  improving  any  ex- 
isting street  or  streets  as  well  as  other  public  highways. 

23.  For  opening,  widening  and  extending  any  street 
or  public  highway. 

24.  For  purchasing  or  condemning  any  land  necessary 
for  street  or  highway  purposes,  and  for  improving  the  same 
or  paying  any  portion  of  the  cost  of  such  improvement. 

25.  For  constructing  levees  and  embankments  or  pav- 
ing or  improving  the  same,  and  for  improving  any  water 


OHIO    ELECTION    LAWS. 


31 


course  passing  through  said  township  or  municipal  corpora- 
tion. 

26.  For  constructing  or  repairing  viaducts,  bridges 
and  culverts,  and  for  purchasing  or  condemning  the  neces- 
sary land  therefor. 

2^.  For  erecting  any  building  necessary  for  a  fire  de- 
partment, purchasing  fire  engines,  fire  boats,  constructing 
water  towers,  and  fire  cisterns,  aod  paying  the  cost  of  plac- 
ing underground  the  wires  or  other  signal  apparatus  of  any 
fire  department. 

The.  bonds  herein  authorized  may  be  issued  for  any  or 
all  purposes  enumerated  herein,  but  the  total  bonded  in- 
debtedness hereafter  created  in  any  one  fiscal  year  under  the 
authority  of  this  act  by  any  township  or  municipal  corpora- 
tion shall  not  exceed  one  (i)  per  cent,  of  the  total  value  of 
all  property  in  such  township  or  municipal  corporation,  as 
listed  and  assessed  for  taxation,  except  as  otherwise  pro- 
vided in  this  act. 

Whenever  the  trustees  of  any  township  or  the  council 
of  any  municipal  corporation,  shall  by  resolution  or  or- 
dinance passed  by  an  affirmative  vote  of  not  less  than  two- 
thirds  of  all  the  members  elected  or  appointed  thereto,  deem 
it  necessary-  in  any  one  fiscal  }ear  to  issue  bonds  for  all  or 
any  of.  the  purposes  authorized  in  this  act  in  any  amount 
greater  than  one  per  cent,  of  the  total  value  of  all  property 
in  such  township  or  municipal  corporation  as  listed  and  as- 
sessed for  taxation,  then  and  in  that  event  they  shall  submit 
the  question  of  issuing  any  bonds  in  excess  of  said  one  per 
cent,  to  a  vote  of  the  qualified  electors  of  such  township  or 
municipal  corporation  at  a  general  or  special  election  in  the 
manner  hereafter  provided  in  section  2837,  Revised  Statutes. 

Provided,  however,  that  the  net  indebtedness  incurred 
by  any  township  or  municipal  corporation,  after  the  passage 
of  section  2835,  Revised  Statutes,  as  amended  April  29, 
1902,  for  the  purpose  herein  enumerated,  shall  never  exceed 
four  (4)  per  cent,  of  the  total  value  of  all  property  in  such 
township  or  municipal  corporation,  as  listed  and  assessed  for 
taxation,  unless  an  excess  of  such  amount  is  authorized  by 
vote  of  the  qualified  electors  of  such  township  or  municipal 
corporation  in  the  manner  hereafter  provided  in  section 
2837,  Revised  Statutes. 

In  arriving  at  the  net  indebtedness  incurred,  allowance 
shall  be  made  only  for  the  amount  held  in  the  sinking  fund 
for  the  redemption  of  bonds  theretofore  issued  under  the 
provisions  of  section  2835  as  amended  April  29,  1902,  and 
subsequently,  and  the  net  indebtedness  shall  be  held  to  be 
the  difference  between  the  par  value  of  all  such  outstanding 
and  unpaid  bonds  and  the  amount  held  in  the  sinking  fund 
for  their  redemption. 

j-"or  the  purposes  of  this  act  the  fiscal  year  shall  here- 
after be  the  calendar  year,  from  January  i  to  December  31, 


Total  bonded 
indebtedness 
permitted  to 
be  created  by 
township  or 
municipality 
in  any  one 
year. 


Exception ; 
may  exceed 
said   amount 
after   submis- 
sion  of   ques- 
tion  to  vote. 


Amount     ot 
net   indebted- 
ness  permitted 
to   be  in- 
curred by 
township    or 
municipality 
at  any  time; 
exception. 


"Net  indebt- 
edness" de- 
fined. 


Fiscal   year 
for   purposes 
of   this   act. 


32 


OHIO    ELECTION    LAWS. 


VVhen   limita- 
tion above 
prescribed    not 
applicable. 


Tax   shall   be 
levied  to  pay 
bonds    and 
interest;     ex- 
ception. 


Procedure 
When    ques- 
tion   of   bond 
issue   must   be 
submitted   to 
vote. 


inclusive,  and  an  indebtedness  shall  not  be  deemed  to  have 
been  created  or  incurred,  where  the  work  is  to  be  done  by  or 
through  the  officers  of  the  township  or  municipal  corpora- 
tion, until  the  bonds  therefor  have  been  issued  and  sold. 

Sec.  28356.  Provided  further  that  the  limitations  of 
one  per  cent,  and  four  per  cent,  prescribed  in  section  2835, 
Revised  Statutes,  shall  not  be  construed  as  affecting  bonds 
issued  under  authority  of  said  section  2835  upon  the  ap- 
proval of  the  electors  of  the  corporation,  nor  shall  bonds 
which  are  to  be  paid  for  by  assessments  specially  levied  upon 
abutting  property,  nor  bonds  issued  for  the  purpose  of  con- 
structing, improving  and  extending  waterworks  when  the 
income  from  such  waterworks  is  sufficient  to  cover  the  cost 
of  all  operating  expenses,  interest  charges  and  to  pass  a  suf- 
ficient amount  to  a  sinking  fund  to  retire  such  bonds  when 
they  become  due,  nor  any  bonds  issued  prior  to  the  passage 
of  section.  2835,  Revised  Statutes,  as  amended  April  29, 
1902,  be  deemed  as  subject  to  the  provisions  and  limitations 
of  said  section,  or  be  considered  in  arriving  at  the  limitations 
therein  provided.     [98  O.  L.  66.] 

Sec.  2836.  For  the  payment  of  bonds  issued  under  the 
authority  of  section  2835  of  the  Revised  Statutes  or  issued 
after  a  submission  of  the  question  to  the  people  under  the 
provisions  of  section  2837  of  the  Revised  Statutes,  the  trus- 
tees of  any  township  or  the  council  of  any  municipal  cor- 
poration shall,  unless  the  interest  on  and  redemption  of  such 
bond  is  otherwise  provided  for,  levy  a  tax  in  addition  to  all 
levies  now  authorized  by  law,  every  year  during  the  period 
said  bonds  have  to  run  sufficient  to  pay  the  interest  on  said 
bonds  and  to  provide  a  sinking  fund  for  their  final  redemp- 
tion at  maturity.     [98  O.  L.  ^.] 

Sec.  2837.  Before  any  bonds  in  excess  of  the  said  one 
per  cent,  in  any  one  year  or  in  excess  of  the  said  four  per- 
cent, in  the  aggregate  are  issued  or  tax  levied,  as  provided  in 
sections  2835  and  2836,  Revised  Statutes,  the  question  of  is- 
suing the  same  shall  be  submitted  to  the  voters  of  the  town- 
ship or  municipal  corporation  at  a  general  or  special  election. 
And  whenever  the  trustees  of  any  township  or  the  council  of 
any  municipal  corporation  shall  by  resolution  or  ordinance 
passed  by  an  affirmative  vote  of  not  less  than  two-thirds  of 
all  the  members  elected  or  appointed  thereto,  declare  it  nec- 
essary to  issue  and  sell  the  bonds  of  such  township  or  mu- 
nicipal corporation  as  the  case  may  be,  for  any  or  either  of 
the  purposes  mentioned  in  section  2835  of  the  Revised  Stat- 
utes in  excess  of  the  amounts  therein  authorized,  and  shall 
by  such  resolution  or  ordinance  fix  a  date  upon  which  the 
question  of  issuing  and  selling  such  bonds  shall  be  sub- 
mitted to  the  electors  of  such  township,  or  municipal  cor- 
poration, and  shall  cause  a  copy  of  such  resolution  or  or- 
dinance to  be  certified  to  the  deputy  state  supervisors  of  the 


OHIO   ELECTIO?f   LAWS. 


33 


Xiimber  of 
votes    neces- 
^a^y   to  au- 
thorize issue. 


count}  in  which  such  township  or  municipal  corporation  is 
situated,  and  such  deputy  state  supervisor  shall  thereupon 
proceed  to  prepare  the  ballots  and  make  all  other  necessary 
arrangements  for  the  submission  of  such  question  to  the 
electors  of  any  such  township  or  municipal  corporation  at 
the  time  fixed  in  said  resolution.  Such  election  sliall  be  held 
at  the  regular  place  or  places  of  voting  in  such  township  or 
municipality,  and  shall  be  conducted,  canvassed  and  certified 
in  the  same  maimer,  except  as  otherwise  provided  by  law,  as 
November  elections  in  such  township  or  municipal  corpora- 
tion for  the  election  of  officers  thereof.  Thirty  days'  notice 
of  the  submission  shall  be  given  in  one  or  more  papers 
printed  therein  once  a  week  for  four  consecutfve  weeks,  stat- 
ing the  amount  of  bonds  to  be  issued,  the  purpose  for  which 
they  are  to  be  issued,  and  the  time  and  place  of  holding  the 
election ;  and  if  no  newspaper  is  printed  therein  the  notice 
shall  be  posted  in  a  conspicuous  place  and  published  once  a 
-.v'eek  for  four  consecutive  weeks  in  some  newspaper  of  gen- 
eral circulation  in  the  township  or  municipal  corporation : 
and  if  two-thirds  of  the  voters  voting  at  such  election  upon 
the  question  of  issuing  the  bonds  vote  in  favor  thereof,  ther. 
and  not  otherwise  the  bonds  for  such  excess  shall  be  issued 
and  tax  levied.  Those  who  vote  in  favor  of  the  proposition 
shall  have  written  or  printed  on  their  ballots  in  quotation. 
"For  the  issue  of  bonds ;'  and  tho-e  who  vote  against  the 
same  shall  have  wiiuen  or  printed  on  tiieir  ballots  the  words. 
"Against  the  issue  of  bonds."  Provided,  however,  that  no 
township  or  municipal  corporation  shall  hereafter  create  or  jotai  net 
incur  a  net  indebtedness  under  the  authority  of  this  act  in  p"TOitted.^^* 
excess  of  eight  per  cent,  of  the  total  value  of  all  property 
in  such  township  or  municipal  corporation  as  listed  and  as- 
sessed for  taxation.  All  bonds  heretofore  issued  in  good 
faith  under  the  authority  of  section  2835,  Revised  Statutes, 
as  amended  April  29,  1902,  and  April  23,  1904,  which  at 
the  time  of  issue,  were  within  the  limitations  herein  pro- 
vided, shall  be  valid  obligations  of  the  township,  city,  village 
or  other  municipal  corporation  which  issued  them  and  in  ar- 
riving at  the  limitations  of  8  per  cent,  herein  provided,  and 
of  4  per  cent,  in  section  283  ^  Revised  Statutes  provided,  all 
such  bonds,  except  those  excluded  by  the  provisions  of  sec- 
tion 2835/^  Revised  Statutes,  shall  be  considered.  [98  O. 
L.  67.] 

AN  ACT. 

To   authorize  cities   to   issue  bonds   for   park   purposes. 

Section  i.  That  any  city  in  the  State  of  Ohio  be  and 
the  same  is  hereby  authorized  to  issue,  in  addition  to  an\ 
bonds  heretofore  authorized  to  be  issued,  the  bonds  of  any 
such  city  in  any  sum  or  sums,  not  exceeding  in  amount  such 
a  sum  as  shall  be  eight-tenths  of  one  per  centum  of  the  total 
valuation  for  taxation  of  all  taxable  property  within  such 


Cities  autlior— 
ized   to   issue 
bonds  for 
park     purposes. 


u 


OHIO    ELECTION    LAWS. 


municipal  corporation,  as  the  same  shall  appear  upon  the 
county  duplicate  for  the  year  in  which  such  bonds  are  issued, 
said  bonds  to  be  issued  and  sold  in  the  manner  prescribed  bv 
law.  The  proceeds  of  any  bonds  issued  under  authority  of 
this  act  shall  be  exclusively  used  to  acquire  and  improve  the 
necessary  land  for  the  establishment  of  a  park  in  connection 
with  public  buildings  in  any  city. 

Shall  not  be  Sec.  2.     Bouds  issucd  Under  authority  of  this  act  shall 

increasing         uot  be  considered  as  increasing  the  aggregate  debt  of  any 
cfty'^'^debt.  ''^^h  city,  as  contemplated  in  section  2704  of  the  Revised 

Statutes  of  Ohio. 


Submission   of 
question   of 
bond  issue  to 
rote,    etc. 


Municipalities 
authorized  to 
issue    bonds 
for    improving 
natural    gas 
works. 


Question    of 
issue   to   be 
submitted   to 
vote. 


Sec.  3.  Before  any  such  bonds  are  issued  such  ques- 
tion shall  be  submitted  to  the  voters  of  such  city  at  a  special 
or  general  election,  such  election  to  be  designated  by  ordi- 
nance duly  adopted  by  the  council  of  such  city,  and  which 
ordinance  sh^U  contain  a  description  of  the  land  and  specify 
the  purposes  for  which  the  proceeds  of  such  bonds  are  to  be 
expended,  and  if  a  majority  of  the  voters  voting  at  such  elec- 
tion, upon  the  question  of  issuing  the  bonds,  vote  in  favor 
thereof,  then  and  not  otherwise,  the  bonds  shall  be  issued 
and  the  taxes  levied.     [95  v.  438.] 

AN  ACT. 

Authorizing  the  issuing  of  bonds  of  municipal  corporations  for 
enlarging,  improving  or  extending  natural  gas  works,  and  pro- 
viding for  submitting  issuing  the  same  to  a  vote  of  the  people. 

Section  i.  That  the  council,  board  of  legislation  or 
other  legislative  body  or  bodies  of  any  municipal  corpora- 
tion of  the  state  of  Ohio  shall  have  power  to  issue  and  sell 
bonds  in  such  manner  as  is  provided  by  law  for  the  sale  of 
bonds  by  municipal  corporations,  at  a  rate  of  interest  not 
exceeding  six  per  cent.,  whenever  such  council,  board  of  leg- 
islation or  other  legislative  body  or  bodies,  by  an  affirmative 
vote  of  not  less  than  two-thirds  of  the  members  elected  or 
appointed  thereto  shall,  by  resolution  or  ordinance,  deem  the 
same  necessary  for  the  purpose  of  extending,  enlarging,  im- 
proving, repairing  or  securing  a  more  complete  enjoyment 
of  any  natural  gas  works  owned  by  such  municipal  corpora- 
tion, subject,  however,  to  the  provisions  of  section  2  of  this 
act.     [95  v.  478.] 

Sec.  2.  Before  any  such  bonds  are  issued,  the  question 
of  issuing  the  same  shall  be  submitted  to  the  voters  of  the 
municipal  corporation  at  a  general  or  special  election,  when- 
ever the  council  of  any  municipal  corporation  shall,  by 
resolution  or  ordinance,  passed  by  an  affirmative  vote  of 
not  less  than  two-thirds  of  all  the  members  elected  or  ap- 
pointed thereto,  declare  it  necessary  to  issue  and  sell  the 
bonds  of  such  municipal  corporation  for  any  of  the  purposes 
set  forth  in  section  i  of  this  act,  they  shall,  by  such  resolu- 
tion or  ordinance  fix  the  date  upon  which  the  question  of  the 


OHIO    ELECTION    LAWS. 

issue  and  sale  of  such  bonds  shall  be  submitted  to  the  elec- 
tors of  such  municipality,  and  shall  cause  a  copy  of  such 
resolution  or  ordinance  to  be  certified  to  the  deputy  state 
supervisors  of  the  county  in  which  such  municipal  corpora- 
tion is  situated,  and  such  deputy  state  supervisors  shall  there- 
upon proceed  to  prepare  the  ballots  and  make  all  other 
necessary  arrangements  for  the  submission  of  such  question 
to  the  electors  of  such  municipal  corporation  at  the  time 
fixed  in  such  resolution  or  ordinance.  Such  election  shall 
be  held  at  the  regular  place  or  places  of  voting  in  such 
municipal  corporation,  and  shall  be  conducted,  canvassed 
and  certified  in  the  same  manner,  except  as  otherwise  pro- 
vided by  law,  as  November  elections  in  such  municipal  cor- 
poration for  the  election  of  officers  thereof ;  provided,  how- 
ever, that,  when  a  special  election  for  such  purpose  is  held 
in  a  municipal  corporation  divided  into  wards,  there  may 
be  but  one  voting  place  in  each  ward,  which  shall  be  des- 
ignated by  the  deputy  state  supervisors  of  elections,  and  the 
notice  hereinafter  provided  for  shall  designate  the  voting 
places  in  each  ward.  In  all  cities  in  which  registration  is 
required,  if  but  one  voting  place  is  designated  in  each  ward, 
certificates  of  removal  shall  not  be  necessary,  except  where 
transiers  are  required  from  one  ward  to  ajiother,  and  the 
board  of  deputy  state  supervisors  of  all  such  cities  shall  issue 
such  removal  certificates.  Fifteen  days'  notice  of  the  sub- 
mission shall  be  given  in  one  or  more  newspapers  printed 
therein  once  a  week  for  two  consecutive  weeks,  stating  the 
amount  of  bonds  to  be  issued,  the  purpose  for  which  they  are 
to  be  issued,  and  the  time  and  place  of  holding  the  election ; 
and,  if  no  newspaper  is  printed  therein,  the  notice  shall  be 
posted  in  a  conspicuous  place  and  published  once  a  week  for 
two  consecutive  weeks  in  some  newspaper  of  general  circu- 
lation in  the  municipal  corporation.  If  two-thirds  of  the 
voters  voting  at  such  election  upon  the  question  of  issuing 
the  bonds  vote  in  favor  thereof,  then,  and  not  otherwise, 
the  bonds  shall  be  issued,  and  a  tax  may  be  levied  for  the 
purpose  of  paying  the  interest  and  principal  upon  such 
bonds.  Those  who  vote  in  favor  of  the  proposition  shall 
have  written  or  printed  on  their  ballots,  in  quotation,  "For 
the  issue  of  bonds ;"  those  who  vote  against  the  same  shall 
have  written  or  printed  on  their  ballots  the  words,  "Against 
the  issue  of  Ijonds."     [97  v.  237.] 

STATE  AND   COUNTY  ELECTIONS. 

Sec.  2977.     The  sheriflf  of  each  county  shall,  at  least   Sheriff  to 
fifteen  days  before  the  holding  of  any  general  election  and   ml'tfoJ'of 
at  least  ten  days  before  the  holding  of  any  special  election,   «'ectton. 
for  any  officer  named  in  the  next  section,  give  notice  by 
proclamation  throughout  his  county  of  the  time  and  place 
of  holding  such  election,  and  the  officers  at  that  time  to  be 
chosen,  one  copy  of  which  shall  be  posted  up  at  each  of  the 


36 


36 


OHIO    ELECTION    LAWS. 


places  where  elections  are  appointed  to  be  held ;  and  such 
proclamation  shall  also  be  inserted  in  some  newspaper  pub- 
lished in  the  county,  if  any  is  published  therein.      [50  v.  311, 

§  4.] 

Notice   of   the   submission   of   any  question   to  be   voted   upon 
thould  be  embodied  in  the  proclamation.      See  2996-2  R.  S. 

Though  the  neglect  of  a  Sheriff  by  proclamation,  to  give  notice 
of  an  election  may  be  competent  evidence,  in  connection  with  other 
circun^stances,  to  prove  fraud  or  conspiracy  on  the  ground  of 
which  an  election  is  contested,  such  neglect  is  not  conclusive  of 
.the  invalidity  of  an  election. 

State  ex  rel.  Attorney  General  v.  Taylor,  15  O.  S.  137. 

A  proceeding  in  mandamus  to  compel  the  Sheriff  to  give  notice 
and  make  proclamation  to  'the  qualified  voters  of  a  county  to  elect  a 
judge  of  the  court  of  common  pleas  therein  is  properly  instituted 
upon  the  relation  of  an  elector  of  such  county. 
State  V.   Brown,  38  O.  S.  344. 

As  to  the  Sheriff's  proclamation,  see  further  Foster  v.   Scarff, 
15  O.  S.  5.32. 


Time   of  state 
and  county 
elections. 


Of  congres- 
sional elec- 
tions. 


•  Vacancy  in 
office  of  rep- 
resentative to 
congress   and 
members    of 
general    as- 
sembly;    how 
filled. 


Sec.  2978.  All  general  elections  for  governor,  lieuten- 
ant-governor, secretary  of  state,  auditor  of  state,  treasurer 
of  state,  attorney-general,  state  commissioner  of  common 
schools,  member  of  the  board  of  public  works,  judge  of  the 
supreme  court,  clerk  of  the  supreme  court,  judge  of  the  cir- 
cuit court,  judge  of  the  common  pleas  court,  senators  and 
representatives  to  the  general  assembly,  judge  of  the  pro- 
bate court,  clerk  *of  the  common  pleas  court,  sheriff,  county 
auditor,  county  commissioner,  county  treasurer,  county 
recorder,  county  surveyor,  prosecuting  attorney,  infirmary 
director,  and  coroner  shall  be  held  on  the  first  Tuesday  after 
the  first  Monday  in  November.  All  votes  for  any  judge 
for  an  elective  office,  except  a  judicial  office,  under  the 
authority  of  this  state,  given  by  the  general  assembly  or  the 
people  shall  be  void.     [83  v.  35.] 

Sec.  2979.  The  electors  of  each  congressional  district 
in  this  state  shall  biennially,  on  the  first  Tuesday  after  the 
first  Monday  in  November,  vote  for  a  representative  in  the 
congress  of  the  United  States  for  the  term  commencing  on 
the  fourth  day  of  March  next  thereafter.     [83  v.  35.] 

Sec.  2988.  Whenever  a  vacancy  happens  in  the  office 
of  representative  to  congress,  or  senator  or  representative 
to  the  general  assembly,  the  governor  shall,  upon  satisfac- 
tory information  thereof,  issue  a  writ  of  election,  directing 
that  a  special  election  be  held  to  fill  such  vacancy,  in  the 
territory  entitled  to  fill  the  same,  on  a  day  which  shall  be 
specified  in  the  writ ;  such  writ  shall  be  directed  to  the 
sheriflf  or  sheriffs  within  such  territory,  who  shall  give  notice 
of  the  time  and  places  of  holding  such  election,  as  in  other 
cases ;  and  such  election  shall  be  held  and  conducted,  and 
returns  thereof  made,  as  in  case  of  a  regular  election.  [50 
V.  311.  §28.] 


OHIO    ELECTION    LAWS. 


37 


Sec.  2993.     If  any  number  of  persons  greater  than  the    Tie  votes  for 
ninnber  of  county  offices  directed  to  be  filled  at  any  election  and"mcmberr 
have  the  highest  and  an  equal  number  of  votes,  the  deputy   of  the  general 
state  supervisors  aforesaid  shall  determine  by  lot  which  of   dltlrainecTby 
the  persons  shall  be  duly  elected ;  and  if,  at  any  election  for   ^°*- 
senators  or  representatives  to  the  general  assembly,  there  is 
no  choice  in  any  instance,  on  account  of  two  or  more  per- 
sons having  received  the  highest  and  an  equal  number  of 
votes,  the  deputy  state  supervisors  issuing  the  certificates  of 
election  shall  publicly  determine  by  lot  who  of  those  having   ' 
such  equal  number  of  votes  shall  be  elected ;  such  decision 
by  lot  shall  be  made  in  their  office  aforesaid,  at  ten  o'clock 
A.  M.  on  the  eighth  day  after  the  election ;  and  in    such  case 
the  deputy  state  supervisors  shall  not  be  required  to  forward 
the  returns  of  the  election  until  such  decision  by  lot  has  been 
made.     [90  v.  281.] 

JSec.  2995.  The  deputy  state  supervisors  shall,  without  Certificates  of 
fee,  make,  and,  upon  demand,  deliver  to  the  persons  elected 
respectively  to  the  offices  of  probate  judge,  clerk  of  the 
court  of  common  pleas,  sheriff,  coroner,  county  auditor, 
county  commissioner,  county  treasurer,  county  recorder, 
county  surveyor,  prosecuting  attorney,  infirmary  director, 
and  senator  and  representatives  to  the  general  assembly,  cer- 
tificates of  their  election ;  and  they  shall  also  make,  for  any 
elector  of  his  county,  upon  being  paid  one  dollar  therefor, 
an  abstract  of  votes  cast  at  any  election  to  fill  any  of  said 
offices.     [90  V.  281.] 


election    of 
certain  offi- 
cers;   ab- 
stracts of 
votes  for 
such  officers. 


PRESIDENTIAL  ELECTIONS. 

Sec.  2967.     At  least  fifteen  days  before  the  time  for   sheriff  shall 
holding  the  election  provided  for  in  the  next  section,  the   «ss"r  procia- 
sheriff  shall  give  public  notice  by  proclamation  throughout   dcctfon." 
his  county,  of  the  time  and  place  of  holding  such  election, 
and  the  number  of  electors  to  be  chosen ;  a  copy  of  which 
shall  be  posted  up  at  each  of  the  places  where  elections  are 
appointed  to  be  held,  and  inserted  in  some  newspaper  pub- 
lished in  the  county,  if  any  is  published  therein.      [61  v.  84, 
§  i;  50  V.  311,  §  4.] 

Sec.  2968.     The  qualified  electors  shall,  on  the  Tues-   Electors  of 
dany  next  after  the  first  Monday  in  November,  in  the  vear   ^;^^'*^^resident 
eighteen  hundred  and  eighty,  and  every  fourth  year  tliere-   to  be  elected, 
after,  elect  a  number  of  electors  of  president  and  vice-pres- 
ident of  the  United  States,  equal  to  the  number  of  senators 
and  representatives  this  state  may  be  entitled  to  in  the  con- 
gress of  the  United  States ;    but  no  senator  or  representa- 
tive in  congress,  or  other  person  holding  an  office  of  trust  or 
profit  under  the  United  States,  or  any  law  thereof,  shall  be 
eligible  as  an  elector  of  president  or  vice-president.     [61  v. 
84.  §   I-] 


38 


OHIO    ELECTION    LAWS. 


Secretary    of 
state  to  can- 
vass returns, 
and  governor 
to  issue  certifi- 
cates   and 
make    publi- 
cations. 


Notice  of  con- 
test   of   elec- 
tion  of  presi- 
dential   elec- 
tors. 


Procedure. 


Commission 
to   hear   such 
contests. 


Notice  to  con- 
testees   of 
time;  of  hear- 
injf,    etc. 


Secretary    of 
commission. 


Sec.  2970.  When  returns  are  received  from  all  the 
counties,  the  secretary  of  state  shall,  in  the  presence  of  the 
governor,  auditor  of  state,  and  such  other  state  officers  as 
may  choose  to  attend,  open  the  abstracts  of  poll-books,  and 
as  they  are  opened,  cause  the  same  to  be  read  aloud,  and 
make  an  abstract  showing  the  number  of  votes  given  for 
each  person  for  such  office ;  and  if  two  or  more  such  per- 
sons receive  an  equal  number  of  votes,  the  secretary  of  state, 
in  the  presence  of  the  state  officers  aforesaid,  shall  determine 
by  lot  which  of  such  persons  is  duly  elected :  and  the  gov- 
ernor shall  make,  and  transmit  by  mail  to  the  person  having 
the  highest  number  of  votes,  or  whose  election  was  deter- 
mined by  lot  as  aforesaid,  certificates  of  their  election  to 
the  office  of  elector  of  president  and  vice-president  of  the 
United  States,  and  shall  cause  notice  of  their  election  to  be 
published  in  three  newspapers  published  at  Columbus,  tw^o- 
of  which  shall  be  of  opposite  politics.      [70  v.  272,  §  i.] 

Sec.  2970a.  Any  qualified  voter  may  contest  the  elec- 
tion of  the  electors  so  chosen,  or  any  of  them,  by  serving 
notice  upon  the  contestee  or  contestees  in  the  manner  and 
time  prescribed  in  section  3005,  and  filing  a  copy  thereof 
with  the  governor  of  the  state  within  five  days  after  the 
mailing  by  him  of  the  certificates  of  election  prescribed  in 
section  2970;  and  the  provisions  of  sections  2998,  2999, 
3000  and  3001  shall  apply  to  such  contests,  except  that  all 
testimony  taken  and  all  matters  relating  to  the  contest  shall 
,be  sent  to  and  filed  with  the  secretary  of  state,  before  the 
day  appointed  by  the  governor  for  the  hearing ;  and  every 
such  contest  shall  be  heard  and  determined  as  hereinafter 
provided.     [85  v.  26.] 

Sec.  2gyob.  Upon  the  filing  of  the  copy  of  such  notice 
with  the  governor,  it  shall  be  his  duty  within  five  days  to 
appoint  four  of  the  judges  of  the  circuit  courts,  not  more 
than  two  of  whom  shall  be  of  the  same  political  party,  or  so 
reputed  to  be,  who,  with  the  governor,  shall  be  a  commis- 
sion to  hear  and  determinie  such  contest;  and  he  shall  ap- 
point the  time  for  such  hearing,  which  shall  be  within  ten 
days,  and  give  them  notice  thereof;  and  thereupon  a  cer- 
tified copy  of  the  notice  filed  with  the  governor  bv  the  con- 
testor,  and  notice  in  writing  to  the  contestee  or  contestees 
of  the  time  so  appointed  for  the  hearing,  and  requiring 
him  or  them  to  attend  in  the  hall  of  the  supreme  court  at 
Columbus,  at  such  time,  and  answer  the  contest,  shall  be 
issued  by  the  secretary  of  state  to  the  sheriflf  of,  Franklin 
county ;  or  if  he  be  disqualified,  to  the  coroner  of  said 
county,  and  may  and  shall  be  served  by  him  upon  such 
contestee  or  contestees,  in  any  county,  and  return  made  to 
the  secretary  of  state,  as  upon  the  summons  in  a  civil 
action.  The  secretary  of  state  shall  act  as  the  secretary  of 
such  commission,  and  discharge  such  duties  as  they  may 
direct  in  that  behalf.     [85  v.  26.] 


OHIO    ELECTION    LAWS. 


3» 


and  records  of 

comrnission. 


Sec.  2970C.  The  said  commission  shall,  in  hearing  and   Powers  of  and 
determining  such  contest  or  contests,  have  and  exercise  all   ing^^bmmiT- 
the  powers  and  authority,  and  be  governed  by  the  same   sion. 
rules  and  procedure,  as  may  be  prescribed  for  the  senate  in 
contested  election  or  state  officers,  so  far  as  applicable,  and 
subject  to  the  constitution  and  laws  of  the  United  States. 
In  any  order  or  vote  by  the  commission,  and  in  the  final   when  gover- 
decision  and  judgment  upon  the  contest,  the  governor  shall   "ud^nts'"*^' 
vote  if  the  other  members  of  the  commission  are  equally 
divided,  and  not  otherwise.     The  judgment  of  such  com- 
mission or  the  majority  upon  the  contest  or  contests  at  any 
election  of  electors  of  president  and  vice-president  of  the 
United  States,  shall  be  final  and  conclusive  thereof,  and-  the 
record  of  the  judgment  and  proceedings  shall  be  filed  and 
kept  by  the  secretary  of  state  in  his  office.     [85  v.  26.] 

Sec.  29700?.     If  any  contestee  or  contestees  be  ousted   Proceedings 
by  the  judgment  of  such  commission  or  the  majority  of   )!,"„" o^ous-^ 
them,  the  certificate  of  election  so  issued  to  him  or  them   ter. 
shall  be  null  and  void,  and  the  governor  shall   forthwith 
make  and  transmit  by  mail  to  the  person  or  persons,   if 
any,  ascertained  and  determined  by  the  judgment  of  the 
commission,   or   a   majority   of  them,   to  have   been   duly 
elected,  a  certificate  of  his  or  their  election  to  the  said  office 
of  elector  or  electors  of  president  and  vice-president  of  the 
United  States,  and  shall  cause  notice  of  his  or  their  election 
and  of  such  judgment  to  be  proclaimed  and  published  and 
[as]  prescribed  in  section  2970.     [85  v.  26.] 

Sec.  2970^.  The  commission  shall  render  judgment  q^^^^ 
against  the  party  failing  in  any  such  contest  for  all  the 
costs,  including  the  costs  of  all  depositions  filed  and  al- 
lowed ;  and  execution  for  the  same  shall  be  issued  to  any 
sheriff  in  the  state  and  levied  and  collected  as  upon  judg- 
ment and  execution  at  law.  Security  for  costs,  satisfactory 
to  the  secretary  of  state,  shall  be  given  by  the  contestee  or 
contestees  before  any  notice  of  the  contest  shall  be  issued  by 
him.     [85  V.  26.] 

Sec.  2971.     The  electors  chosen  as  aforesaid  shall,  at  xhe  electors 
twelve  o'clock  on  the  day  appointed  by  the  congress  of  the   {{J^^us*  ^°~ 
United  States,  meet  at  the  state  house  in  Columbus,  and 
then  and  there  perform  the  duties  enjoined  upon  them  by 
the  constitution  and  laws  of  the  United  States.     [29  v.  41, 
§  6.] 

Sec.  2972.     Each    elector    shall,    before    the  hour     of   Electors  to 
twelve  o'clock  on  the  day  next  preceding  the  day  fixed  by  file^  governoJ'^ 
the  law  of  congress  to  elect  a  president  and  vice-president   oi  their 
of  the  United  States,  give  notice  to  the  governor  that  he  is 
present,  and  ready  at  the  proper  time  to  perform  the  duties 
of  an  elector ;  and  the  governor  shall  thereupon  deliver  to  " 
each  such  elector  a  certificate  of  the  names  of  all  the  elec- 
tors.    [29  V.  41,  §  8.] 


40 


OHIO    ELECTION    LAWS. 


How  vacancies 
in   the  office 
of   elector   to 
be   filled. 


Tie  votes  to 
be   determined 
by   the    gover- 
nor  by  lot. 


Electors  so 
chosen    to   be 
notified  by 
the  governor 
and  to  act  as 
electors. 


Compensation 
of   electors 
and  how  paid. 


Commissions 
and  certifi- 
cates of  elec- 
tion   of 
officers. 


Fees. 


Sec  2973.  If  any  of  the  electors  are  absent,  and  fail 
to  appear  before  nine  o'clock  on  the  morning  of  the  day  ap- 
pointed for  the  election,  the  electors  then  present  shall  im- 
mediately proceed  to  elect  by  ballot  in  the  presence  of  the 
governor,  persons  to  fill  the  vacancies  occurring  through 
such  nonattendance.     [29  v.  41,  §  8.] 

Sec.  2974.  If  two  or  more  persons  receive  an  equal 
and  the  greatest  number  of  votes  at  such  election,  the  gov- 
ernor, in  the  presence  of  the  electors  attending  shall  deter- 
mine by  lot  which  of  such  persons  is  duly  elected ;  otherwise 
he  or  they  having  the  greatest  number  of  votes  shall  be 
considered  elected  to  such  vacancies.     [29  V.  41,  §  9.] 

Sec.  2975.  The  electors  making  such  choice  shall 
forthwith  certify  to  the  governor  the  names  of  the  persons 
so  chosen,  and  the  governor  shall  cause  immediate  notice 
in  writing  to  be  given  to  each  of  such  persons ;  and  the  per- 
sons so  chosen  and  notified,  and  not  the  persons  in  whose 
place  they  have  been  chosen,  shall  be  electors,  and  shall  meet 
the  other  electors  at  the  time  and  place  appointed,  and  then 
and  there  discharge  all  the  duties  enjoined  on  them  as  elec- 
tors by  the  constitution  and  laws  of  the  United  vStates  an  I 
of  this  state.      [29  v.  41,  §  10.] 

Sec.  2976.  Each  elector  shall  receive  three  dollars  fur 
each  day's  attendance  at  Columbus  as  such,  and  mileage  at 
the  rate  of  ten  cents  per  mile  for  the  esthnated  distance  by 
the  usual  route,  from  his  place  of  residence  to  Columbus,  to 
be  paid  by  the  stlate.     [70  v.  272,  §  i.] 

Sec.  83.  Each  judge  of  the  supreme  court,  circuit 
court,  court  of  common  pleas  and  probate  court,  state  officer, 
county  officer,  militia  officer  and  justice  of  the  peace,  and 
each  officer  whose  office  is  created  by  law,  and  not  other- 
wise provided  for,  shall  be  ineligible  to  perform  any  of  the 
duties  pertaining  to  such  office  until  he  shall  receive  from 
the  governor  a  commission  to  fill  such  office,  upon  produc- 
ing to  the  proper  officer  or  authority  a  legal  certi^cate 
of  his  being  duly  elected  or  appointed ;  and  each  of  the 
officers  above  named,  except  miltia  officers  and  notaries 
public,  who  receives  for  the  discharge  of  his  official  du- 
ties any  fee,  compensation  or  saiarv  shall,  before  he  shall 
be  entitled  to  receive  such  commission  pay  to  the  secretary 
of  state  for  the  making  out,  recording  and  forwarding 
thereof  a  fee  of  five  dollars,  excepting  each  justice  of  the 
peace,  who  shall  pa^-  two  dollars ;  and  as  soon  after  any 
election  for  anv  of  the  offices  above  named  as  the  result 
shall  have  Kcome  officially  known  to  them,  the  deputy 
state  supervisors  of  election  of  each  county  in  this  state 
shall,  upon  payment  to  them  by  each  such  officer  of  the  fee 
above  described,  immediately  forward  by  mail  to  the  secre- 
tary of  state  a   certificate  of  election  of  each  such  office, 


OHIO   ELECTION    LAWS. 


41 


together  with  the  fee  paid  to  them  by  such  officer,  which 
fee  shall  be  covered  into  the  state  treasury  for  the  use  of 
the  general  revenue  fund,  and  thereupon  the  governor,  upon 
the  filing  of  such  certificate  with  the  secretary  of  state,  ac- 
companied with  the  fee  aforesaid,  shall  issue  the  proper 
commission  to  such  officer  and  forward  the  same  to  the  clerk 
of  the  court  of  common  pleas,  who  shall  deliver  the  same 
to  such  officer.      [97  v.  185.] 


TOWNSHIP  LOCAL  OPTION. 

(4364-24.)  Sec.  I.  That  whenever  one-fourth  of  the 
qualified  electors  of  any  township,  residing  outside  of  any 
municipal  incorporation,  shall  petition  the  trustees  therefor 
for  the  privilege  to  determine  by  ballot  whether  the  sale  of 
intoxicating  liquors  as  a  beverage  shall  be  prohibited  within 
the  limits  of  such  township,-  and  without  the  limits  of  any 
such  municipal  corporation,  such  trustees  shall  order  a 
special  election  for  the  purpose,  to  be  held  at  the  usual  place 
or  places  for  holding  township  elections ;  and  notice  shall 
be  given  and  the  election  conducted  in  all  respects  as  pro- 
vided by  law  for  the  election  of  township  trustees ;  and  only 
those  electors  shall  be  entitled  to  vote  at  such  election  who 
reside  within  the  township  and  without  the  limits  of  any 
such  municipal  incorporation.  A  record  of  the  result  of 
such  election  shall  be  kept  by  the  township  clerk  in  the 
record  of  the  proceedings  of  township  trustees;  and  in  all 
trials  for  violation  of  this  act,  the  Original  entry  of  said 
record,  or  a  copy  thereof  certified  by  the  township  clerk, 
provided  that  it  shows  or  states  that  a  majority  was  against 
the  sale,  shall  be  prima  facie  evidence  that  the  selling,  fur- 
nishing, giving  away  or  keeping  a  place,  if  it  took  place 
from  and  after  thirty  days  from  the  day  of  the  holding  of 
said  election  was  then  and  there  prohibited  and  unlawful. 
[85  V.  55-1 

The  act  entitled  "An  act  to  further  provide  against  the  evils 
resulting  from  the  traffic  in  intoxicating  liquors  by  local  option 
in  any  township  in  the  State  of  Ohio,"  passed  March  3,  1888,  is 
not  in  conflict  with  the  constitution,  and  is  a  valid  law. 

Gordon  v.  State,  46  O.  S.  607. 

Where  a  township  local  option  ehxtion  is  held  in  a  township 
composed  of  two  voting  precincts,  in  one  of  which  a  municipal  cor- 
poration is  situate,  the  regular  judges  and  clerks  in  each  of  the  pre- 
cincts should  preside  at  and  conduct  such  election,  notwithstanding 
the  fact  that  one  or  more  of  the  judges  in  one  of  the  precincts  may 
reside  within  the  limits  of  the  incorporated  village.  At  such  election 
only  those  voters  residing  within  the  township  and  outside  the 
limits  of  the  municipal  corporation  are  entitled  to  vote.     L.    2-15-04. 

It  is  the  duty  of  the  deputy  state  supervisors  of  elections  to 
prepare  ballots  for  use  at  a  local  option  election  within  a  township. 
The  ballots  should  be  printed  upon  the  quality  of  paper  prescribed 
by  the  ballot  laws.  The  regular  judges  and  clerks  of  election  in  the 
proper   precincts   must   conduct    such  'special    elections.     L.    2-20-05. 


Petition    for 
prohibition  of 
liquor   traffic 
in   townships. 


Spectial  elec- 
tion    to     be 
held. 

Notice  and 
conduct  of 
election. 


Record  of  re- 
sult  of   elec- 
tion;   its  value 
as  evidence. 


42 


OHIO    ELECTION    LAWS. 


Ballots  to  be 
voted  at  such 
election. 


When   the 
traffic  in   any 
township  shall 
be    unlawful. 


Penalty   for 
carrying   on 
such   prohibited 
traffic. 


Manufacture 
and  sale  of 
cider    or    na- 
tive   wine; 
registered 
druggists. 


None  but  resident  voters  are  entitled  to  vote  at  a  special 
election  under  the  township  local  option  act.  Whether  a  person 
is  a  qualified  elector  of  the  township  or  not  depends  upon  the 
Question  of  fact  and  intention.  Persons  who  are  within  the  town- 
ship for  temporary  purposes  only  are  not  entitled  to  vote  therein. 
L.     10-19-06. 

(4364-25.)  Sec.  2.  Persons  voting  at  any  -"/lection 
held  under  the  provisions  of  this  act,  who  are  opposed  to 
the  sale  of  intoxicating  liquors  as  a  beverage  shall  have 
written  or  printed  on  their  ballots,  "Against  the  sale;" 
and  those  who  favor  the  sale  of  such  liquors  shall  have 
written  or  printed  on  their  ballots,  "For  the  sale ;"  and  if  a 
majority  of  the  votes  cast  at  such  election  shalL  be 
"Against  the  sale,"  then  from  and  after  thirty  days  from 
the  day  of  the  holding  of  said  election,  it  shall  be  unlaw- 
ful for  any  person  within  the  limits  of  such  township  and 
without  the  limits  of  such  municipal  corporation  to  sell, 
furnish  or  give  away  any  intoxicating  liquors  to  be  used 
as  a  beverage,  or  to  keep  a  place  where  such  liquors  are 
kept  for  sale,  given  away  or  furnished ;  and  whoever  sells, 
furnishes  or  gives  away  any  intoxicating  liquors  as  a  bev- 
erage, or  keeps  a  place  where  such  liquors  are  kept  for 
sale,  given  away  or  furnished,  shall  be  fined  not  more  than 
five  hundred  dollars,  nor  less  than  fifty  dollars,  and  im- 
prisoned in  the  county  jail  not  exceeding  six  months ;  but 
nothing  in  this  section  shall  be  construed  so  as  to  prevent 
the  manufacture  and  sale  of  cider,  or  sale  of  wine  manu- 
factured from  the  pure  juice  of  the  grape,  cultivated  in  this 
state,  nor  to  prevent  [a]  legally  registered  druggist  from 
selling  or  furnishing  pure  wines  or  liquors  for  exclusively 
known  medicinal,  art,  scientific,  mechanical,  or  sacramental 
purpose ;  but  this  provision  shall  not  be  construed  to  auth- 
orize the  keeping  of  a  place  where  wine,  cider  or  other 
intoxicating  liquors  are  sold,  kept  for  sale,  furnished  or 
given  away  as  a  beverage.      [85  v.  55.] 


Closing  of 
saloons  on 
Sunday. 


MUNICIPAL  LOCAL  OPTION. 

Sec.  4364-20.  That  the  sale  of  intoxicating  liquors, 
whether  distilled,  malt  or  vinous,  on  the  first  day  of  the 
week,  commonly  called  Sundey,  except  by  a  regular  drug- 
gist on  a  written  prescription  of  a  regular  practicing  phy- 
sician for  medical  purposes  only,  is  hereby  declared  to  be 
unlawful  and  all  places  where  such  intoxicating  liquors 
are  on  other  days  sold  or  exposed  for  sale,  except  regular 
drug  stores,  shall  on  that  day  be  closed,  and  whoever  makes 
any  such  sales,  or  allows  any  such  place  to  be  open  or  re- 
main open  on  that  day  shall  be  fined  in  any  sum  not  exceed- 
ing one  hundred  dollars  and  not  less  than  twenty-five  dol- 
lars for  the  first  offense,  and  for  each  subsequent  offense 
shall  be  fined  not  more  than  two  hundred  dollars  or  be 
imprisoned  in  tlie  county  jail  or  city  prison  not  less  than 


OHIO   ELECTION    LAWS. 


43 


ten  days  and  not  exceeding  thirty  days,  or  both.  In  regu- 
lar hotels  and  eating  houses  the  word  "place"  herein  used 
shall  be  held  to  mean  the  room  or  part  of  room  where  sucli 
liquors  are  usually  sold  or  exposed  for  sale  and  the  keepin;^ 
of  such  a  room  or  part  of  room  securely  closed  shall  be 
held,  as  to  such  hotels  and  eating  houses  as  a  closing  of  the 
place,  withm  the  meaning  of  this  section.  And  any  muni- 
cipal corporation  shall  have  full  power  to  regulate  the  sell- 
ing, furnishing  or  giving  away  of  intoxicating  liquors  as 
a  beverage  and  places  where  intoxicating  liquors  are  sold, 
furnished  or  given  away  as  a  beverage,  except  as  provided 
for  in  section  4364-20C  of  this  act.     [95  v.  87.] 

As  to  the  constitutionality  of  the  Beal  Law  see  Lloyd  v.  Dol- 
lison,  R  C.  C   (N.  S.)  328. 

As  such  election  it  is  the  duty  of  the  judges  and  clerks  of  elec- 
tion in  each  precinct,  at  least  one  day  before  the  election,  to  appoint 
and  make  public  two  known  representatives  of  each  side  of  a  ques- 
tion to  be  submitted  as  challengers,  and  also  at  the  same  time  to 
appoint  and  make  public  one  known  representative  of  each  side 
of  the  question  to  be  submitted  as  inspectors.     L.     12-1-05. 

Sec.  4364-200.  That  whenever  forty  per  cent,  of  the 
qualified  electors  of  any  municipal  corporation  shall  peti- 
tion the  council  thereof  for  the  privilege  to  determine  by 
ballot  whether  the  sale  of  intoxicating  liquors  as  a  beverage 
shall  be  prohibited  within  the  limits  of  such  municipal  cor- 
poration, such  council  shall  order  a  special  election  to  be 
held  in  not  less  than  twenty  nor  more  than  thirty  da\s 
from  the  filing  of  such  petition  with  the  mayor  of  the  muni- 
cipal corporation  or  from  the  presentation  of  such  petition 
to  said  council,  which  said  petition  shall  be  filed  as  a  public 
document  with  the  clerk  of  the  municipality,  and  preserved 
for  reference  and  inspection  and  which  election  shall  be  held 
at  the  usual  place  or  places  for  holding  municipal  elections, 
and  notice  shall  be  given  and  the  election  conducted  in  all 
respects  as  provided  by  law  for  the  election  of  members 
of  the  council  of  the  corporation,  so  far  as  -said  law  may  be 
applicable.  The  result  of  such  election  shall  forthwith  be 
entered  upon  the  record  of  the  proceedings  of  the  council 
of  the  corporation  by  the  clerk  thereof,  and  in  all  trials  for 
violation  of  this  act.  the  original  entry  of  the  record,  or  a 
copy  thereof  certified  by  the  clerk  of  the  corporation,  pro- 
vided that  such  record  shows  that  a  majority  of  the  vote? 
cast  at  said  election  was  against  the  sale  of  intoxicating^ 
liquors  as  a  beverage,  shall  be  prima  facie  evidence  that  th  ^ 
selling,  furnishing  or  giving  away  of  intoxicating  liquors 
as  a  beverage  or  the  keeping  of  a  place  where  such  liquors 
are  sold,  kept  for  sale,  given  away  or  furnished,  if  such 
selling,  furnishing  or  giving  away  or  keeping  such  place 
occurred  after  thirty  days  from  the  day  of  holding  the  elec- 
tion, was  then  and  there  prohibited  and  unlawful.  [95  v. 
87.] 


Hotels    and 
eating  houses. 


Municipal 
regulation. 


Petition  for 
election. 


Special 
election. 


Notice  and 
conduct  of 
election. 


Record  of 
result  of 
election ;    its 
value  as  evi- 
evidence. 


44  OHIO    ELRCTION    LAWS. 

Section  4364-20a  and  20b,  Revised  Statutes,  which  provide  for 
an  election  in  any  municipality  to  determine  whether  or  not  the  sale 
of  intoxicating  liquors  as  a  beverage  within  the  limits  of  such 
municipality  shall  be  prohibited,  prescribes  punishment  for  violation 
of  said  act  where  such  sales  are  so  prohibited,  apply  to  hamlets 
as  they  existed  in  this  state  prior  to  the  adoption  of  the  municipal 
code,  October  22,  1902. 

Carey  v.  State,  70  O.  S.  121. 

Failure  to  publish  for  a  full  period  of  ten  days  the  mayor's 
proclamation  of  a  special  election  to  be  held  under  Sections  4364- 
20a,  Revised  Statutes,  et  seq.  (commonly  called  the  Beal  Local 
Option  Election  Law)  is  not  fatal  to  the  validity  of  the  election, 
where  the  election  was  otherwise  regularly  held,  knowledge  of  its 
approach  was  general  throughout  the  municipality  and  a  compara- 
tively full  vote  was  cast,  and  no  attempt  was  made  to  deceive  or 
mislead  anyone,  and  it  does  not  appear  that  any  elector  was  either 
without  knowledge  thereof,  kept  from  voting,  or  failed  to  vote 
on  account  of  the  failure  to  give  ten  days'  notice  publication  of  notice 
for  ten  days,  under  such  circumstances,  is  not  jurisdictional  and 
failurg  to  publish  it  for  the  full  period  is  a  mere  irregularity  which 
does  not  invalidate  the  election. 

Fike  V.   State,  4  C.  C.    (N.  S.)   81. 

But  where  the  record  shows  that  a  petition  for  an  election 
under  the  Beal  Law  was  presented  to  council,  and  that  body  took 
action  by  appointing  a  committee  to  investigate  the  matter,  and 
the  report  of  the  committee  was  to  the  effect  that  more  than 
forty  per  cent,  of  the  voters  had  signed  the  petition,  and  this 
report  was  adopted,  and  by  a  unanimous  vote  of  council  an  elec- 
'  tion  was  ordered  and  held,  the  fact  that  there  was  no  formal 
finding  that  forty  per  cent,  of  the  voters  had  signed  the  petition, 
an  objection  that  there  was  in  substance  a  vote,  no  finding  by 
council  of  the  jurisdictional  fact,  does  not  go  to  the  essence  of 
the   matter,   but   is   technical,    and   will  not   lie. 

In  re.   Huntsville,  v.  1  C.  C.    (N.   S.)    489. 

Authorized  jurisdiction  is  a  condition  precedent  to  the  order- 
ing by  council  of  a  vote  under  Beal  Municipal  Local  Option  Law, 
and    such    jurisdiction   must   affirmatively   appear   in    the    record. 
In  re.  Huntsville,  v.  1  C.  C.  (N.  S.)  489. 

Where  two   voters,   one  blirid    and   the   other   infirm   through 

,  extreme  age  remained  in  a  carriage  outside  the  polls  and  marked 

their  ballots    in   the   presence   and    under  the   direction   of   two  of 

the  election  judges,   and   such   ballots  were  then   deposited  by  the 

judges,   such   irregularity  will   not  invalidate  these  votes. 

In  re.  Contest  South  Charleston  election,  3  N.   P.    (N. 
S.)    373. 

The  presumption  is  that  a  petition  for  an  election  under 
th'i  Beal  Local  Option  Law,  in  due  and  legal  form  and  signed 
by  forty  per  cent,  of  the  qualified  electors  of  the  municipality,  was 
presented  to  council  as  required  by  Section  4364-20fl,  Revised  Stat- 
utes, when  it  appears  from  the  council  record  that  a  petition  was 
presented  asking  for  an  election,  when  it  was  duly  acted  upon, 
and  that  an  election  was  ordered  on  a  certain  date. 
Dalrymple  v.   State,  5  C.  C.    (N.  S.)    185. 

The  fact  that  an  election  was  held  under  the  Beal  Local  Op- 
tion Law,  and  also  the  result  thereof,  may  be  established  by  evi- 
dence other  than  the  original  entry  on  the  records  of  the  municipal 
council,  or  a  copy  thereof)  certified  by  a  corporation  clerk  as  pro- 
vided by  section  4364-20a,  Revised  Statutes,  which  makes  such 
record  or  certified  copy  prima  facie  evidence  of  such  facts. 
Hence,  the  failure,  of  the  clerk  to  record,  in  the  proper  way  and 
place,  the  result  as  reported  to  him,  does  not  invalidate  the  elec- 


OHIO    ELECTION    LAWS. 


45 


tion,    if   an   election    and   the   result   thereof   can    be   clearly   estab- 
lished by  other  evidence. 

Dalrymple  v.   State,  5  C.  C.    (N.   S.)    185. 

Where  a  duly  and  legally  constituted  legal  body,  such  as  a 
city  or  village  council,  has  acted,  the  presumption  is,  in  the  absence 
of  evidence  to  the  contrary,  that  it  has  acted  lawfully,  and-  had 
before  it  sufficient  facts  to  warrant  it  in  acting.  This  presump- 
tion is  in  the  nature  of  evidence  and  until  overcome  by  other 
evidence  it  stands  as  proof  of  the  fact  in  question. 

Dalrymple  v.   State,  5  C.  C.    (N.   S.)    185. 

-No  particular   form  of  notice  to  the   deputy  state  supervisors 
is   required   for   the   holding  of  such  elections.     The   law   presj^mies 
that  upon  proper  action   taken   by   the  officers  of  the   municipality, 
the   deputy   state   supervisors    will   perform    the,  duties   usually    de 
volving  upon  them  in  the  conduct  of  elections.     L.    G-9-02. 

Where  a  petition  has  been  fifed  with  the  council  of  a  municip:tl 
corporation  under  this  section,  and  the  council  has  delayed  making 
the  order  for  such  election  until  such  time  as  will  prevent  the 
filing  of  a  certificate  with  the  deputy  state  supervisors  fifteen 
days  before  the  election  that  fact  should  not  operate  to  defeat  the 
election.  In  such  cases  it  -is  the  duty  of  the  deputy  state  super- 
visors to  print  ballots  for  such  special  election  in  accordance  with 
the  provisions  of  this  act.  The  regular  -judges  and  clerks  of  elec- 
tion within  the  proper  precincts  are  required  to  conduct  such 
election  and  make  return  thereof  to  the  clerk  of  the  municipal 
corporation.     L.     3-2-03. 

Where  an  election   is  held   under  this  section,  it  is  the  duty  ^ 

of  the  deputy  state  supervisors  of  the  county  in  which  such  village 
is  situated  to  furnish  the  ballots  for  such  election,  and  it  is  the  duty 
of  the  regular  judges  and  clerks  of  election  for  such  village  lo 
conduct  such  special  election  and  make  a  return  thereof  to  the 
clerk  of  the  village.     L.  1-2-06. 

Where  a  special  election  is  held  in  a  village  the  regular  judges 
and  clerks  of  election  whose  terms  are  for  one  year  from  their  ap- 
pointment must  preside  at  the  precincts  within  such  village  at 
such  special  election.  The  ballots  should  be  prepared  by  the  deputy 
state  supervisors  of  the  county.     L.    5-22-01!. 

The  "usual  voting  place"  within  a  precinct  is  the  place  estab- 
lished by  the  deputy  state  supervisors  for  general  elections."  The 
temporary  location  of  a  voting  place  for  the  purpose  of  a  special 
election  within  a  precinct  would  not  be  the  "usual  voting  place" 
of  such  precinct.     L.    9-14-06. 

All  that  is  necessary  in  a  petition  is  that  th^  party  sign  his 
name.  It  is  not  necessary  to  have  either  the  street  number  or 
number  of  the  house.     T.  4-16-07. 

The  twenty  days  are  counted  from  the  date  of  filing  the 
petition  with  the  mavor,  or  from  its  presentation  to  the  council. 
T.    5-18-07. 

See  note  to  3909  as  to  special  elections  for  school  board. 

Sec.    4364-206.     The    ballots    at   any    special    election     naiiots  to  be 
held  under  the  provisions  of  this  act,  shall  be  printed  with    1°^^^^^^^  ^^^ 
an  affirmative  and  a  negative  statement,  to-\vit :     "The  sale 
of  intoxicating  liquors  as  a  beverage  shall  be  prohibited," 
"The  sale  of  intoxicating  liquors  as  a  beverage  shall  not  be 
prohibited,''  with  a  blank  space  on  the  left  side  of  each  state- 
ment in  which  to  give  each  elector  an  opportunity  to  clearly 
designate  his  choice  by  a  cross  mark  as  follows : 
[ ]     The  sale  of  intoxicating  liquors  as  a  beverage 

shall  be  prohibited. 
[ ]      The  sale  of  intoxicating  liquors  as  a  beverage 

sb.all  not  be  prohibited. 


46 


OHIO   ELECTION    LAWS. 


When   sale 
shall   be   un- 
lawful. 


Penalty  for 
making    such 
prohibited 
sale. 


Manufacturers 
may  sell  at 
wholesale  to 
retail   dealers. 


And  if  a  majority  of  the  votes  cast  at  such  election 
shall  be  in  favor  of  prohibiting  the  sale  of  intoxicating  liq- 
uor as  a  beverage,  then  from  and  after  thirty  days  from  the 
date  of  holding  said  election  it  shall  be  unlawful  for  any 
person,  personally  or  by  agent,  within  the  limits  of  such 
municipal  corporation  to  sell,  furnish  or  give  away  any  in- 
toxicating liquors  to  be  used  as  a  beverage,  or  to  keep  a 
place  where  such  liquors  are  kept  for  sale,  given  away  or 
furnished,  for  beverage  purposes,  and  whoever  from  and 
after  the  thirty  days  aforesaid  in  any  manner  directly  or 
indirectly,  sells,  furnishes,  or  gives  away,  or  otherwise  deals 
in  any  intoxicating  liquors  as  a  beverage,  or  keeps  or  uses 
a  place,  structure  or  vehicle,  either  permanent  or  transient 
for  such  selling,  furnishing  or  giving  away  in  which  or 
from  which  intoxicating  liquors  are  sold,  given  away  or 
furnished  or  otherwise  dealt  in  as  aforesaid,  shall  be  guilty 
of  a  misdemeanor,  and  shall  on  conviction  thereof,  be  fined 
not  more  than  two  hundred  dollars  nor  less  than  fifty  dol- 
lars for  the  first  offense,  and  shall  for  a  second  offense  be 
fined  not  more  than  five  hundred  dollars  nor  less  than  one 
hundred  dollars,  and  for  any  subsequent  oflfense  be  fined 
not  less  than  two  hundred  dollai;s  and  be  imprisoned  not 
more  than  sixty  days  and  not  less  than  ten  days.  But 
nothing  contained  in  any  of  the  sections  of  this  act  shall  in 
any  manner  affect  the  right  of  any  manufacturer  of  in- 
toxicating liquors  from  the  raw  material,  to  sell,  deliver 
and  furnish  his  product  in  wholesale  quantities  to  bona 
fide  retail  dealers  trafficking  in  intoxicating  liquors,  or  in 
wholesale  quantities  to  any  party  or  parties  residing  out- 
side the  limits  of  said  municipality.     [95  v.  88.] 

A  vote  is  the  expression  of  a  choice.  A  ballot  is  a  written 
or  printed  slip  of  paper  upon  which  a  choice  may  or  may  not  be 
indicated.  Hence,  ballots  on  which  no  choice  is  indicated  are  not 
■\otes  and  are  not  to  be  considered  in  determining  what  is  a  ma- 
jority of  all  "votes"  cast. 

In  re.  Contest  South  Charleston  election,  3  N.  P.  N.  S. 
373. 

Where,  in  an  election  under  the  "Beal  Law,"  the  form  of 
ballot  used  was  the  one  prescribed  for  an  election  under  the  town- 
5:hip  local  option  law,  but  yet  was  sufficiently  definite  and  pre- 
cise to  inform  the  voter  and  not  to  mislead  him,  such  irregularity 
in  the  form  of  the  ballot  will  not  invalidate  the  election.  The 
contestants  of  such  an  election  having  themselves  used  such  ballot 
without  objection  may  not  be  heard  to  complain  of  its  form  after 
the  election  is  over. 

In  re.  Contest  South  Charleston  election,  3  N.  P.  N.  S. 
373. 

In  an  election  under  the  local  option  law  no  more  formali- 
ties should  be  required  than  are  actually  necessary,  and  any  form 
cf  ballot  which  has  written  or  printed  upon  it  the  words  "for  the 
sale"   or   "against  the   sale"   is  sufficient. 

Stick  v.  State,  3  C  C  (N.  S.)  611. 


OHIO    ELECTION    LAWS. 


47 


Sec.  4364-20C.  The  phrase  "intoxicating  liquors"  as 
used  in  this  act  shall  be  construed  to  mean  any  distilled, 
malt,  vinous  or  any  other  intoxicating  liquors ;  but  nothing 
in  this  act  shall  be  construed  to  prevent  the  selling  of  intox- 
icating liquors  at  retail  by  a  regular  druggist  for  exclusively 
known  medicinal,  pharmaceutical,  scientific,  mechanical  or 
sacramental  purposes ;  and  when  sold  for  medicinal  purposes 
it  shall  be  sold  only  in  good  faith  upon  written  prescription 
issued,  signed  and  dated  in  good  faith  by  a  reputable  physi- 
cian in  active  practice  and  the  prescription  used  but  once. 
The  words  "giving  away"  where  they  occur  in  this  act  shall 
not  apply  to  the  giving  away  of  intoxicating  liquors  by  a 
person  in  his  private  dwelling,  unless  such  private  dwell- 
ing is  a  place  of  public  resort.     [95  v.  89.] 

Sec.  4364-20^^.  When  any  person,  company  or  cor- 
poration has  discontinued  such  traffic  in  accordance  with 
the  provisions  of  this  act,  within  the  time  specified  by 
section  4364-2oa  of  this  act,  has  paid  or  is  charged  upon  the 
tax  duplicate  with  an  assessment  upon  such  traffic,  the 
county  auditor,  upon  being  satisfied  upon  such  fact,  shall 
issue  to  such  person,  company  or  corporation,  a  refunding 
order  of  an  amount  proportionate  to  the  unexpired  time  for 
which  said  assessment  has  been  paid.     [95  v.  89.] 

Sec.  4364-20^.  The  petition  for  an  election  provided 
for  in  section  4364-200  of  this  act  shall  be  deemed  sufficient 
and  the  council  shall  order  such  an  election  when  the  peti- 
tion is  signed  by  as  many  qualified  electors  as  shall  equal 
in  number  forty  per  cent,  of  the  number  of  votes  cast  in 
said  municipal  corporation  at  the  last  preceding  general  elec- 
tion in  municipalities  which  are  divided  into  wards ;  and  in 
all  other  municipalities,  forty  per  cent,  of  the  qualified  elec- 
tors at  the  last  preceding-  municipal  election,  and  in  indict- 
ments, affidavits,  or  informations  for  violation  of  this  act  it 
shall  not  be  necessary  to  set  forth  the  facts  sliowing  that  the 
required  number  of  electors  in  the  municipal  corporation 
petitioned  for  an  election,  that  the  election  was  held,  or  that 
the  majority  voted  in  favor  of  prohibiting  the  sale  as  herein 
provided.  But  it  shall  be  sufficient  to  state  that  the  act  com- 
plained of  was  then  and  there  prohibited  and  unlawful. 
[95  V.  90.] 

Upon  the  presentation  of  a  petition  to  the  council  for  such 
an  election  (on  the  question  of  a  surrender  of  municipal  powers) 
it  is  the  duty  of  the  council  before  taking  action  thereon  to  satisfy 
itself  that  it  contains  the  requisite  number  of  qualified  petitioners, 
and  for  that  purpose  may  refer  the  same  to  a  committee  to  make 
the  necessary  examination,  and  postpone  action  until  time  for  such 
examination. 

Dutten  V.  Hanover,  42  O.  S.  215. 

A  petition  for  an  election  to  determine  whether  the  sale  of 
intoxicating  liquors  as  a  beverage  shall  be  sold  within  certain  pre- 
scribed territory  is  fundamental  and  jurisdictional,  and  must  sub- 
stantially comply  with  the  requirements  of  the  law  under  which 
lhe  election  is  to  be  held. 

Newburg   Election   Contest,  3   N.    P.   N.   S.    129. 


Meaning  of 
phrase     "in- 
toxicating 
liquors." 


Regular 
druggist 
mav  sell. 


Rebate   of 
Dow  tax  when 
sale   discon- 
tinued. 


What    consti- 
tutes   40    per 
cent,   of  qual- 
ified    voters." 


48 


OHIO    ELECTION    LAWS. 


Entry   and 
record   of 
election. 


Disposition 
of.  fines. 


Another   elec- 
tion may  be 
ordered; 
when. 


In  a  petition  for  an  election  un  '  the  Beal  Law  in  a  munici- 
pality not  having  wards  it  is  sufficiciM  if  a  petition,  be  signed  by 
as  many  qualified  electors  as  shall  equal  forty  per  cent  of  those 
who  cast  their  votes  at  the  last  preceding  election.  It  is  rot  neces- 
sary that  the  petition  contain  the  names  of  forty  per  cent,  of  those 
individuals  who  actually  voted  at  such  clectu^n,  nor  that  it  contain 
the  names  of  forty  per  cent,  of  all  those  qualified  to  vote  in  the 
election  district  involved,  at  the  inne  of  the  last  jjreceding  election. 
In  re.  Contest  South  Charleston  election,  3  N.  P.  N.  S. 
373. 

It  is  the  privilege  of  electors  who  petition  for  the  Beal  Law 
election  to  withdraw  their  names  from  the  petition  either  with 
or  without  the  consent  of  council  at  any  time  before  the  election 
is  ordered ;  ar.d  where  such  withdrawals  reduce  the  number  of 
signatures  remaining  on  the  petition  to  less  than  the  requisite 
forty  per  cent,  of  the  qualified  voters,  jurisdiction  of  ctnnuil  to 
order  an   election   is  lost. 

Haynes  v.  Village  of  Hillsboro,  3  N;  P.  N.  S.   17 

The  petition  is  a  public  document,  and  can  be  inspected  by  ai.;. 
elector  of  the  city,  and  such  inspection  may  be  obtained  by  man 
damns.     T.     5-18-07. 

Sec.  4364-20/.  The  following  shall  be  deemed  a  suf- 
ficient entry  and  record  of  the  result  of  an  election  held  un- 
der the  provisions  of  this  act  as  required  by  sections  4364- 
20a  and  4364- 20&. 

The  State  of  Ohio,  County  of muni,  1- 

pal  corporation  of 

The  special  election  held  on  the  ...'...  .day  of , 

A.  D ,  within  and  for  the  (municipal  corporation  of 

)    tinder  the  local  option  law  resulted  as 

follows : 

Whole  number  of  votes  "for  the  sale  of  intoxicating 
liquors  as  a  beverage" 

Whole  number  of  votes  "against  the  sale  of  intoxicat- 

m;-  liquors  as  a  beverage" 

Clerk  of 

1 95  V.  90.] 

The   three    readings    of   the   resolution    of  _  council    prohibiting 
the  sale  or  .keeping  of  a  place  where  intoxicating  liquors  are  sold 
under  the  Eeal  Law,  need  not  be  on  three  different  days. 
Kumpf  V.  Village  of  Delhi,  1  N.  P.  N.  S.  336. 

Si:c.  4364-20^^  Money  received  from  fines  and  for- 
feited bonds  collected  under  the  provisions  of  this  act  shall 
be  paid  into  the  treasury  of  the  municipal  corporation 
wherein  said  fine  was  imposed  or  bond  forfeited,  and  shall 
be  applied  to  such  fund  or  funds  as  the  council  of  the  said 
corporation  may  direct.      [95  v.  90.] 

Under  this   section  of  the  statute  the  mayor,  it  seems  to  us, 
had  jurisdiction  to  order  the  fine  to  be  paid  to  the  village. 
Capple  V.  State,  O.  L.  R.  Sept.  24,  1906. 

Sec.  4364-20/1.  At  any  time  after  two  years  from  the 
da^te  of  an  election  held  under  the  provisions  of  section 
4364-20^  of  this  act  another  election  may  be  petitioned  for 


OHIO   ELECTION    LAWS. 


49 


Contest  of 
election  in 
probate  court. 


an  J  shall  be  ordered  as  provided  for  in  section  4^6^-2oa. 
[95  V.  90.] 

Sec.  4364-20/.  Any  person  being  a  qualified  elector 
of  any  municipal  corporation  wherein  an  election  shall  have 
been  held  as  provided  for  in  this  act  may  contest  the  valid- 
ity of  such  election  by  filing  a  petition  duly  verified  with 
the  probate  court  of  the  county  in  which  said  municipal 
corporation  is  situated,  within  ten  days  after  the  election, 
setting  forth  the  grounds  for  contest. 

Where,  in  an  election  under  the  Beal  Law,  one  hundred  and 
sixty-six  votes  are  cast  in  favor  of  the  sale  of  intoxicating  liquors 
as  a  beverage  and  one  hundred  and  sixty-seven  are  cast  against 
such  sale,  and  it  appears  that  one  vote  was  cast  by  a  person  in- 
competent through  imbecility,  this  vote,  in  the  absence  of  evidence, 
showing  for  which  proposition  such  vote  was  cast,  must  be  de- 
ducted from  the  vote  on  the  proposition  having  the  greater  number, 
and  thus  such  election  is  rendered  void  for  want  of  the  expression 
of  choice  by  a  majority. 

In  re.  Contest  South  Charleston  election,  3  N.  P.  N.  S. 
373. 

On  a  petition  contesting  an  election  under  the  "Beal  Law" 
it  is  improper  to  introduce  evidence  except  on  points  specially  set 
out  in  the  petition.  Such  petition  may  not  be  amended  after  the 
expiration  of  twenty  days  after  the  election. 

In  re.  Contest  South  Charleston  election.  3  N.  P.  N.  S. 
373. 

Note.  —  A  number  of  cases  arising  under  the  Brannock  Local 
Option  Law  are  given  herein  following  the  residence  district 
municipal  local  option  act. 

The  probate  judge,  upon  the  filing  of  such  petition, 
shall  forthwith  issue  a  summons,  addressed  to  the  mayor  of 
such  municipal  corporation,  notifying  him  of  the  filing  of 
such  petition  and  directing  him  to  appear  in  said  court  on 
behalf  of  said  municipal  corporation,  at  a  time  named  in 
the  summons,  which  time  shall  be  not  more  than  twenty 
days  after  the  election  nor  less  than  five  days  after  the 
filing  of  such  petition. 

The  probate  judge  shall  have  final  jurisdiction  to  hear 
and  determine  the  merits  of  the  proceedings,  and  in  other 
respects  in  the  procedure  of  the  hearing  he  shall  be  gov- 
erned by  the  law  providing  for  the  contesting  of  an  election 
of  a  justice  of  the  peace  so  far  as  such  law  is  applicable. 
The  probate  court  shall  require  the  person  or  persons  con- 
testing the  election  to  furnish  sufficient  security  for  costs 
before  said  petition  is  filed.     [95  v.  90.] 

Sec.  2.     That  section  4364-20  of  the  Revised  Statutes    Repeal  and 
of  Ohio  be  and  the  same  is  hereby  repealed,  but  an  ordi-   ^^'"^rd^*"*^ 
nance  passed  by  a  municipal  corporation  under  the  author-   nances, 
ity  given  in  said   section  prohibiting  places  where   intoxi- 
cating liquors  are  sold  at  retail  shall  remain  in  full  force 
and  effect  until  thirty  days  after  an  election  has  been  held 
in  accordance  with  the  provisions  of  section  4364-200  of 

4      EL 


Mayor  shall 
be    summoned 


Method  of 

procedure. 


^0 


OHIO    ELECTION    LAWS. 


this  act.  An  ordinance  passed  by  a  cunicipal  corporation 
under  the  authority  given  in  said  section  regulating  places 
where  intoxicating  liquors  are  sold  at  retail,  shall  remain  in 
full  force  and  effect  until  said  ordinance  is  repealed  or 
amended  under  the  authority  granted  in  section  4364-20  of 
this  act.      [95  v:  89.] 


Petition   to 
prohibit    sale 
of   intoxicat- 
ing liquor  in 
residence    dis- 
trict;   filing 
and    examina- 
tion of. 


Record  of  de- 
cision   of 
mayor  or 
iudge;     its 
value  as  evi- 
dence. 


Petition 
against  pro- 
hibition   of 
sale  of  intox-' 
icating   liquor 
in    residence 
district;   filing 
and  examina- 
tion   of. 


Record  of 
decision  of 
mayor  or 
judge;     its  _ 
value  as  evi- 
dence. 


RESIDENCE  DISTRICT  MUNICIPAL  LOCAL 
OPTION. 

Section  i.  Whenever  a  majority  of  the  qualified  elec- 
tors of  any  residence  district  of  any  municipal  corporation 
sign  a  petition  in  favor  of  prohibiting  the  sale  of  intoxicat- 
ing liquors  as  a  beverage  in  such  residence  district  and  file 
the  petition  with  the  mayor  of  the  municipal  corporation  or 
with  any  judge  of  the  court  of  common  pleas  of  the  county 
in  which  such  numicipal  corporation  is  situated,  the  mayor 
or  judge  shall  examine  the  petition  at  a  public  hearing  and 
decide  upon  the  sufficiency  of  the  petition  and  cause  a  copy 
of  his  decision  to  be  filed  with  the  clerk  of  the  municipal  cor- 
]:)oration  or  council.  The  decision  of  the  mayor  or  judge,  as 
certified  to  the  clerk  of  the  municipal  corporation  or  council 
and  recorded  by  him  in  the  records  of  the  council  of  the  cor- 
;)on.:ion,  or  a  cerified  copy  thereof,  provided  it  shows  that 
1  majority  of  the  voters  of  such  residence  district  were  in 
favor  of  prohibiting  the  sale  of  intoxicating  liquors  as  a  bev- 
erage, shall  be  prima  facie  evidence  that  the  selling,  furnish- 
ing or  giving  away  of  intoxicating  liquors  as  a  beverage  or 
the  keeping  of  a  place  where  such  liquors  are  sold,  kept  for 
sale,  furnished  or  given  away,  if  such  selling,  furnishing  or 
giving  away  or  keeping  of  such  place  occurred  thirty  days 
after  the  finding  by  said  mayor  or  judge,  was  then  and  there 
prohibited  and  unlawful.     [98  O.  L.  68.] 

Sec.  2.  Whenever  a  majority  of  the  qualified  elec- 
tors of  any  residence  district  of  any  municipal  corporation 

a  which  the  sale  of  intoxicating  liquors  as  a  beverage  has 
l)een  prohibited  under  the  provisions  of  section  one  of  this 

ct,  shall  sigh  a  petition  against  prohibiting  the  sale  of  in- 
'oxicating  liquors  as  a  beverage  in  the  same  residence  dis- 
trict and  file  the  petition  with  the  mayor  of  the  municipal 
corporation  or  with  any  judge  of  the  court  of  common  ])leas 
in  the  county,  the  mayor  or  judge  shall  examine  the  petition 
at  a  public  hearing  and  decide  upon  the  sufficiency  of  the  pe- 
tition and  cause  a  copy  of  his  decision  to  be  filed  with  the 
clerk  of  the  municipal  corporations  or  council.  The  result 
of  such  examination  and  the  finding  duly  certified  by  the 
judge  or  mayor  and  recorded  by  the  clerk  of  the  municipal 
corporation  or  council  in  the  records  of  the  proceedings 
of  the  council  of  the  corporation,  provided  that  it  shows 
that  a  majority  of  the  voters  of  the  residence  district  are 
opposed  to  prohibiting  the  sale  of  intoxicating  liquors  as 
a  1)everage,  shall  be  prima  facie  evidence  that  the  sale  of 


OHIO    ELECTION    LAWS. 

intoxicating  liquor  as  a  beverage  in  the  residence  district 

is   not  then  and   there   prohibited.     The   petition   provided    ^A*^^'^^. 

for  in  this  section  shall  not  be  filed  until  after  two  years    E^  ViS.  ""^^ 

or  more  shall  have  elapsed  alter  the  filing  of  the  petition 

provided  for  in  section  one  of  this  act.     Nothing  in  this 

act  shall  be  construed  to  affect  or  repeal   any  other  law 

which  prohibits  the  selling,   furnishing  or  giving  away  of 

intoxicating  liquor  as  a  beverage,  or  the  keeping  of  a  place 

where  intoxicating  liquor  is  sold,  furnished  or  given  away  as 

a   beverage  which   is   in  force   and  effect   throughout   the 

municipal  corporation.      [98  O.  L.  69.] 

Stc.  3.     A   petition   in   favor   of   prohibiting  the   sale    Form  of 
of  intoxicating  liquor  as  a  beverage  in  a  residence  district    p****'""- 
substantially  as   follows   shall  be   sufficient: 

''A  petition  to  prohibit  the  sale  of  intoxicating  liquors 
as  a  beverage  in  a  residence  district  of  the  municipal  cor- 
poration of .  . . in  the  state  of  Ohio. 

To Date 

We,  the  undersigned,  respectfully  represent  that  we  are 
qualified  electors  in  the  following  residence  district,  to-wit: 


in  the  municipal  corporation  of . ,  county  of 

,  state  of  Ohio,  and  that  we  are  in  favor 

of  prohibiting  the  sale  of  intoxicating  liquors  as  a  beverage 
in  said  residence  district." 

A  petition  against  prohibiting  the  sale  of  intoxicating 
liquors  as  a  beverage  in  a  residence  district  substantially  as 
follows  will  be  sufficient : 

"A  petition  against  prohibiting  the  sale  of  intoxicating 
liquors  as  a  beverage  in  a  residence  district  of  the  municipal 

corporation  of of  the  state  of  Ohio. 

To Date 

We,  the  undersigned,  respectfully  represent  that  we  are 
qualified  electors  in  the  following  residence  district,  to-wit: 


in  the  municipal  corporation  of ,  in  the 

county  of ,  state  of  Ohio,  and  we  are 

opposed  to  prohibiting  the  sale  of  intoxicating  liquors  as  a 
beverage  in  said  residence  district." 

Any  qualified  elector  may  authorize  anv  person  to  sign 
the  petition  for  him  by  a  written  power  of  attorney.  No 
elector  will  be  allowed  to  add  his  name  to  the  petition  after 
it  is  filed  or  withdraw  his  own  or  authorized  signature  from 
the  petition  unless  he  can  prove  to  the  mayor  or  judge  that 
it  was  secured  through  fraud  or  misrepresentation.  The  pe- 
tition provided  for  in  this  act  shall  be  deemed  sufficient 
when  it  is  signed  by  as  many  qualified  electors  as  equal  a 
majority  in  number  of  the  votes  cast  at  the  last  regular  mu- 
nicipal election  in  such  residence  district,  but  musi;  in  order 


51 


52 


OHIO    ELECTION    LAWS. 


Public   bear- 
ing  for  con- 
sideration of 
■  petition. 


Certificate  of 
finding   of 
mayor    or 
judge. 


Recording  of 
certificate. 


to  be  valid,  lie  filed  not  later  tlian  three  months  after  the 
signing  thereto  of  the  signature  first  in  order  of  time.  The 
expense  incurred  for  the  publication  of  notices  for  the  hear- 
ing on  the  petition  shall  be  paid  out  of  the  general  revenue 
fund  of  the  municipal  corporation  upon  the  'order  of  the 
mayor  or  judge  passing  upon  the  petition.      [98  O.  L.  69.] 

Sec.  4.  When  the  petition  referred  to  in  this  act 
has  been  filed  with  the  mayor  of -the  municipal  corporation 
or  with  any  judge  of  the  court  of  common  pleas  in  the 
county,  the  mayor  or  judge  shall  forthwith  cause  a  notice  of 
the  hearing  on  such  petition  to  be  published  in  two  news- 
papers of  opi^osite  party  politics  published  in  the  municipal 
corporation,  if  there  be  two,  which  notice  shall  set  forth  the 
time  when  and  place  where  the  judge  or  mayor  will  consider 
the  petition,  at  which  time  he  shall  hear  any  person  or  per- 
sons who  are  electors  of  the  district  as  to  the  question  of  the 
petitioners  being  qualified  electors  in  the  residence  district  or 
any  other  matter  which  may  be  brought  before  the  mayor 
or  judge  for  determination  relating  to  the  sufficiency  of  the 
petition.  The  mayor  or  judge  shall  decide  whether  the  pe- 
titioners are  qualified  electors  in  the  residence  district  and 
equal  in  number  a  majority  of  the  votes  cast  in  the  residence 
district  at  the  last  regular  municipal  election  and  the  mayor 
shall  make  a  record  of  his  findings  on  his  docket  and  the 
judge  shall  cause  the  same  to  be  recorded  in  the  records  of 
his  court,  and  thereupon  such  mayor  or  judge  shall  cause  a 
certified  copy  or  certificate  of  his  findings  together  with  the 
original  petition  to  be  filed  with  the  clerk  of  the  municipal 
corporation  or  council  in  not  less  than  five  days  after  such 
finding  and  .not  more  than  forty  days  from  the  filing  of  the 
petition  vvith  the  mayor  or  judge. 

The  following  shall  be  a  sufficient  certificate  of  the 
finding  of  the  mayor  or  judge: 

''This  is  to  certify  that  I  have  examined  the  petition 
which  is  attached  hereto,  at  a  public  hearing  duly  announced 

and  hereby  find  that  on  the day  of .A.  D. 

that  the  petition  meets  the  requirements  of  the 

law  and  that  a  majority  of  the  voters  of  the  following  resi- 
dence district,  to-wit : in  the  municipal  cor- 
poration of :,  county  of , 

state  of  Ohio,  are  (in  favor  of  or  opposed  to)  prohibiting 
the  sale  of  intoxicating  liquors  as  a  beverage  in  said  resi- 
dence district." 

Date 

OfKcial   Signature. 

The  clerk  of  the  municipal  corporation  in  which  the 
residence  district  is  situated  shall  forthwith  upon  receiving 
the  certificate  of  the  decision  of  the  sufficiency  of  the  peti- 
tion, record  said  petition  with  the  said  certificate  of  such 
decision  on  the  records  of  the  council  of  the  municipal  cor- 


OHIO    ELECTION    LAWS. 


53 


poration  and  shall  certify  to  the  correctness  of  the  same 
substantiallly  as  follows : 

"I  hereby  certify  that  the  foregoing  is  a  correct  copy  of 
the  petition  relating  to  the  sale  of  intoxicating  liquors  as  a 

beverage  in  the  following  residence  district,  to-wit: 

.  / ,  in  the  municipal  corporation  of 

and  the  finding  of  the  mayor  or  judge  on  the  petition." 

Official  Signature. 

Whoever  bribes,  boycotts  or  intimidates  or  attempts  to 
bribe,  boycott  or  intimidate  any  qualified  elector  to  keep 
such  elector  from  signing  the' petition  or  to  secure  the  sig- 
nature of  such  elector  to  the  petition  provided  for  in  this 
act ;  or  whoever  removes  any  person  in  his  employ  or 
threatens  to  rernove  any  person  in  his  employ  or  under  his 
control,  either  directly  or  indirectly,  in  order  to  secure  his 
signature  to  such  petition,  or  to  keep  such  person  from 
signing  such  petition,  shall  be  guilty  of  a  misdemeanor  and 
shall  be  fined  not  less  that  $ioo,  nor  more  than  $500,  and 
the  signature  of  any  person  secured  to  such  petition  by  bri- 
bery, bovcott  or  intimidation  shall  be  stricken  from  such  pe- 
tition.    '[98  O.  L.  70.] 

Sec.  5.  If  the  findings  of  the  mayor  or  judge  or  a 
copy  as  recorded  by  the  clerk  of  the  municipal  corporation 
or  council  on  the  records  of  the  council  shows  that  a  major- 
ity of  the  qualified  electors  in  the  residence  district  named 
are  in  favor  of  prohibiting  the  sale  of  intoxicating  liquors 
as  a  beverage,  then,  from  and  after  thirty  days  from  the 
date  of  such  fiwling  by  the  mayor  or  judge  it  shall  be  un- 
lawful for  any  person,  personally  or  by  agent  within  the 
limits  of  such  residence  district  of  such  municipal  corpora- 
tion to  sell,  furnish  or  give  away  any  intoxicating  liquors 
to  be  used  as  a  beverage,  or  to  keep  a  place  where  such  in- 
toxicating liquors  are  kept  for  sale,  given  away  or  furnished 
for  beverage  purposes,  and  whoever  from  and  after  thirty 
days  aforesaid  in  any  manner  whatever,  directly  or  indi- 
ectly,  sells,  furnishes  or  gives  away,  or  otherwise  disposes 
of  any  intoxicating  liquors  as  a  beverage,  or  keeps  or  uses 
a  place,  structure  or  vehicle,  whether  permanent  or  tran- 
sient for  such  selling,  furnishing  or  giving  away  or  in  which 
or  from  which  intoxicating  liquors  are  sold,  furnished  or 
given  away  or  otherwise  disposed  of  as  aforesaid,  or  violates 
any  of  the  provisions  of  this  act  shall  be  guilty  of  a  misde- 
meanor and  shall  on  conviction  thereof  be  fined  not  morr 
than  two  hundred  dollars  nor  less  than  fifty  dollars  for  the 
first  ofifense ;  and  shall  for  any  subsequent  offense  be  fined 
not  more  than  five  hundred  dollars,  nor  less  than  two  hun- 
dred dollars.  The  court  on  any  conviction  for  a  second 
or  subsequent  ofifense  shall  order  the  place  where  such  liq- 
uor is  sold,  furnisli^d  or  given  away  for  beverage  purposes 
to  be  abated  as  a  nuisance  and  shall  order  the  person  con- 


Bribery  and 

intimidation ; 
penalty. 


When  the  sale 
in  a  residence 
district   shall 
be   unlawful. 


Penalty    for 
making    such 
prohibited 
sale. 


54 


OHIO    ELECTION    LAWS. 


Wli:t   terri- 
tory controlled 
hy   nsult  of 
action. 


'Meanire;  of 
phras'     "in- 
toxicating 
liquor." 


Rfgv.lar 
druggists. 


Manufacturer 
may  sell  at 
wholesale    to 
retail   dealers. 


Mi-aning  of 
term  "fiuali- 
fic'l   elector." 


victed  for  [such]  subsequent  offense  to  give  bond  payable 
to  the  state  of  Ohio  in  the  sum  of  one  thousand  dollars  with 
sureties  to  the  acceptance  of  the  court  that  he  will  not  sell, 
furnish  or  give  away  intoxicating  liquor  as  a  beverage  in 
such  residence  district  in  violation  of  law.     [98  O.  L.  j'l-] 

Sec.  6.  The  territory  enclosed  by  the  boundary  of 
any  residence  district  within  which  the  sale  of  intoxicating 
liquors  has  been  prohibited,  as  provided  for  in  section  one 
of  this  act,  shall  be  controlled  by  the  result  of  such  action, 
and  the  law  shall  remain  in  full  force  and  effect  in  said  resi- 
dence district  for  two  years  and  thereafter  until  another  pe- 
tition is  presented  under  the  provisions  of  section  two  of 
this  act  in  said  residence  district ;  and  after  a  petition  against 
prohibiting  the  sale  of  intoxicating  liquors  has  been  pre- 
sented and  held  sufficient  by  the  judge  or  mayor,  another 
petition  cannot  be  presented  for  two  vears  thereafter.  [98 
O.  L.  72.] 

Sec.  7.  The  phrase  "intoxicating  liquor"  as  used  in 
this  act  shall  be  construed  to  mean  any  distilled,  malt,  vin- 
ous or  any  intoxicating  liquor,  by  whatever  name  the  same 
may  be  known,  but  nothing  in  this  act  shall  be  construed 
to  prevent  the  selling  of  intoxicating  liquors  at  retail  by  a 
regular  druggist  for  exclusively  known  medicinal,  mechan- 
ical, pharmaceutical,  scientific  or  sacramental  purpose ;  and 
when  sold  for  medicinal  purposes  shall  be  sold  only  in  good 
faith  upon  a  written  prescription  issued,  signed  and  dated 
in  good  faith  by  a  reputable  physician  in  active  practice  and 
the  prescription  used  but  once.  Such  prescription  shall  con- 
tain the  name  of  the  party  for  whom  the  liquor  is  prescribed, 
and  direction  for  its  use.  The  words  "giving  away''  where 
they  occur  in  this  act  shall  not  apply  to  the  giving  away 
of  intoxicating  liquors  by  any  person  in  his  private  dwell- 
ing unless  such  private  dwelling  is  a  place  of  public  resort. 
And  nothing  contained  in  any  of  the  sections  of  this  act 
shall  in  any  manner  affect  the  right  of  any  manufacturer 
of  intoxicating  liquors  from  the  raw  material,  to  sell,  deliver 
and  furnish  his  product  in  wholesale  quantities  to  bona  fide 
retail  dealers  trafficking  in  intoxicating  liquors  or  in  whole- 
sale quantities  to  any  party  or  parties  residing  outside  the 
limits  of  said  district,  nor  of  any  bona  fide  wholesale  -dealer 
in  said  district  to  sell  or  deliver  intoxicating  liquors  in 
A'holesale  quantities  to  customers  of  such  district,  or  to  bona 
fide  residences  in  such  district. 

The  original  petitions  and  findings  of  the  mayor  or 
judge  shall  be  filed  with  the  clerk  of  the  municipal  cor- 
poration or  council  as  a  public  document.  The  term  "quali- 
fied elector"  as  used  in  this  act  means  registered  male  voters 
in  all  municipal  corporations  which  have  registered  and  all 
other  male  voters  entitled  to  register  who  have  been  bona 
fide  residents  of  the  district  for  four  months  before  such  pe- 
tition is  filed  with  the  mayor  or  judge.     In  municipalities 


tnct. 


OHIO    ELECTION    LAWS.  o5 

which  do  not  have  registration,  such  male  voter  or  male 
qualified  elector  must  be  a  bona  fide, resident  of  the  district 
for  four  months  before  such  petition  is  filed  with  the  mayor 
or  judge. 

The  phrase  ''residence  district"  as  used  in  this  act,  sha'.  M--aning  of^ 
be  construed  to  mean  any  clearly  described,  contiguous,  dencedis- 
compact  section  or  territory  in  a  municipal  corporatio:; 
bounded  by  street,  corporation  or  other  well  recognized  line- 
or  boundaries  and  containing  not  fewer  than  three  hundred 
qualified  electors,  nor  more  than  five  thousand  qualified 
electors ;  and  such  district  shall  not  contain  any  block  in 
which  one-half  or  more  of  the  foot  frontage  of  such  block  is 
occupied  by  buildings  and  premises  actually  devoted  to  com- 
mercial, manufacturing,  mercantile  or  other  business  pur- 
poses not  including  saloons ;  and  further,  such  district  shall 
not  contain  the  property  or  premises  abutting  on  a  section  of 
a  street  lying  between  two  consecutive  cross  or  intersecting 
streets,  from  street  to  street,  or  extending  for  a  distance  of 
not  less  than  five  hundred  feet  along  such,  street  on  which 
said  premises  abut,  whenever  sixty-five  per  cent,  of  the  foot 
frontage  of  such  abutting  property  on  each  side  of  such 
street  is  occupied  for  and  devoted  to  manufacturing,  mercan- 
tile or  other  business  purposes,  not  including  saloons,  if  such 
section  of  such  street  is  in  the  central  or  main  business  part 
of  the  municipal  corporation ;  provided,  however,  ihat  in 
determining  the  total  foot  frontage  referred  to  herein,  prop- 
erty occupied  by  saloons  shall  not  be  counted  as  either  busi- 
ness or  residence  property.  Whenever  a  section  of  a  street 
is  made  exempt  from  the  provisions  of  this  act,  lot  lines  may 
be  used  in  outlining  the  boundary  of  the  district  to  exempt 
the  property  facin"-  on  such  section  of  such  street. 

Parks  in  residence  districts  and  property  devoted  to 
educational,  religious  or  charitable  us,es,  shall  for  the  pur- 
pose of  this  act,  be  held  to  be  occupied  for  residence  pur- 
poses ;  while  public  property  devoted  to  other  than  the  above 
specified  uses,  shall,  for  like  purposes,  be  deemed  to  be  occu- 
pied for  business  purposes.  Buildings  which  have  more 
than  one-half  of  the  floor  space  of  the  buildings  used  for 
residence  purposes  shall  be  counted  as  residence  property. 
When  but  one  side  of  said  portion  of  said  street  is  adaptable 
for  residence  or  business  purposes,  then  such  side  of  such 
portion  of  such  street  shall  determine  whether  the  property 
abutting  on  both  sides  of  such  street  be  counted  as  business 
or  residence  property.  The  maximum  length  of  a  residence 
district  shall  not  exceed  three  times  its  maximum  width 
unless  the  boundaries  of  the  municipal  corporation  or  ex- 
empted territory  jirevents  the  district  from  containing  the 
requisite  number  of  voters.  In  suvh  case  the  boundaries 
shall  follow  the  ]  roportionate  length  and  brealtli  provided 
herein  as  nearly  as  possible. 


56 


OHIO    ELECTION    LAWS. 


Meaning  of 
terms  'T)lock" 
and  "saloon." 


Sufficiency 
of  indictments 
under  this 
«ct. 


Rebate    of 
Dow  tax 
when  sale  dis- 
continued. 


Disposition   of 
^ines    collected. 


Former   resi- 
dence dis- 
trict local  op- 
tion law. 


Proceedings 
in  error. 


The  term  "block"  shall  be  construed  to  mean  the  terri- 
tory bounded  by  four  well  recognized  adjacent  streets  and 
not  alleys.  The  term  "saloon"  shall  mean  any  place  where 
intoxicating  liquor  is  sold  or  trafficked  in  as  a  beverage. 
[98  O.  L.  72.] 

Sec.  8.  In  indictments,  informations  or  affidavits  for 
violations  of  this  act,  it  shall  not  be  necessary  to  set  forth 
the  facts  showing  that  the  required  number  of  electors  in  any 
residence  district  of  a  municipal  corporation  signed  a  peti- 
tion in  favor  of  prohibiting  the  sale  of  intoxicating  liquors 
or  that  there  was  a  public  hearing  or  that  any  finding  was 
made  upon  such  petition  or  that  a  certificate  of  such  findings 
with  the  petition  was  transmitted  to  the  clerk  or  a  record 
made  of  it  by  the  clerk,  as  hereinbefore  provided ;  but,  it 
shall  be  sufficient  to  state  that  the  act  complained  of  was 
then  and  there  in  the  residence  district  named  prohibited 
and  unlawful.     [98  O.  L.  73.] 

Sec.  9.  When  any  person,  company  or  corporation 
engaged  in  the  traffic  has  discontinued  such  traffic  within  the 
time  specified  by  section  one  of  this  act  and  has  paid  or  is 
charged  upon  the  tax  duplicate  with  an  assessment  upon 
such  traffic,  the  county  auditor,  upon  being  satisfied  of  such 
facts  shall  issue  to  such  person,  company  or  corporation  a  re- 
funding order  of  an  amount  proportionate  to  the  unexpired 
time  for  which  said  assessment  has  been  paid  or  is  charged. 
[98  O.  L.  74.] 

Sec.  10.  Money  received  from  fines  and  forfeited 
bonds  collected  under  the  provisions  of  this  act,  shall  be  paid 
into  the  treasury  of  the  municipal  corporation  wherein  such 
fine  was  imposed  or  bond  forfeited,  and  shall  be  applied  to 
such  purposes  as  the  council  thereof  may  direct.  [98  O. 
L-  74.] 

Sec.  II.  In  all  residence  districts  where  the  sale  of 
intoxicating  liquor  has  been  prohibited  under  the  provisions 
of  the  act  entitled  "An  act  further  to  provide  against  the 
evils  resulting  from  the  traffic  in  intoxicating  liquors  by  pro- 
viding for  local  option  in  residence  districts  of  municipal 
corporations,"  passed  April  18,  1904  (97  O.  L.  87),  such 
law  thus  prohibiting  the  sale  of  intoxicating  liquors  as  a 
beverage  shall  remain  in  full  force  and  effect  in  such  resi- 
dence district  for  two  years  from  the  date  of  the  local  option 
election  held  and  thereafter  until  a  petition  has  been  pre- 
sented to  the  mayor  or  judge  as  provided  for  in  section  one 
or  two  of  this  act.     [98  O.  L.  74.] 

Sec.  12.  Any  person  being  a  qualified  elector  of  any 
residence  district  of  any  municipal  corporation  wherein  a 
petition  shall  have  been  presented  and  held  sufficient  by  a 
mayor  or  judge  as  provided  for  in  this  act  may  prosecute 
error  from  such  finding  by  first  filing  a  motion  for  leave  to 
file  a  petition  in  error  with  the  circuit  court  of  the  county 


OHIO    ELECTION    LAWS.  57 

in  which  such  residence  district  is  situated.  The  motion 
shall  not  be  granted  unkss  for  good  cause  shown.  "If  such 
motion  is  granted,  a  petition  in  error  shall  be  filed  within 
fifteen  days  after  the  finding  or  decision  of  the  mayor  or 
judge  setting  forth  the  errors  complained  of.  The  circuit 
court  upon  the  filing  of  such  petition  shall  forthwith  issue  a 
summons  addressed, to  the  mayor  of  such  municipal  cor- 
poration notifying  him  of  the  filing  of  the  petition  in  error  . 
and  directing  him  to  appear  in  said  court  on  behalf  of  said 
residence  district  at  the  time  mentioned  in  the  summons 
which  time  shall  not  be  more  than  thirty  days  after  the  find- 
ing or  decision  of  the  mayor  or  judge  nor  less  than  ten  days 
after  the  filing  of  such  petition.  The  circuit  court  shall 
have  final  jurisdiction  to  hear  and  determine  the  merits  of 
the  proceedings  and  there  shall  be  no  appeal  or  error  pro- 
ceedings allowed  from  such  decision.  The  circuit  court 
shall  require  the  person  or  persons  prosecuting  error  from 
the  finding  or  decision  of  the  mayor  or  judge  to  furnish 
security  for  costs"  before  such  petition  is  filed.  Any  qualified 
elector  in  such  residence  district  may  appear  in  person  or  by 
attorney  at  such  hearing  before  tlie  circuit  court  or  on  the 
motion  for  leave  to  fik  petition  in  error  in  defense  of  the 
validity  of  th€  proceedings  before  the  mayor  or  judge  tak- 
ing action  upon  the  petition. 

Sec.  13.  That  the  act  entitled  "An  act  further  to  pm- 
vide  against  the  evils  resulting  from  the  traffic  in  intoxicat- 
ing liquors  by  provi<ling  for  local  option  in  residence  dis- 
tricts of  municipal  corporations,"  passed  April  i8,  1904,  and 
approved  April  19,  1904  (97  O.  L.,  p.  87),  be  and  the  same 
is  herebv  repealed  when  this  act  goes  into  effect.  [98  O. 
L-,  75-]  ^ 

It  is  quite  true  that  persons,  before  the  mayor,  or  judge 
have  acted  may  add  their  names  to,  or  withdraw  their  names  from 
the  petition.  Dutten  v.  Hanover,  42  O.  S.  215;  The  adding  of 
names  to  the  petition  after  filing,  if  the  petition  alreadys  contains 
the  requisite  forty  per  cent,  of  the  signatures  would  not  in  law 
h^ve  any  effect  whatever.  If  a  sufficient  number  withdraw  their 
names  to  reduce  the  percentage  below  the  required  forty  per  cent., 
the  petition  would,  of  course,  have  to  be  dismissed,  arid  I  take  it 
that  the  reason  for  not  allowing  persons  to  withdraw  their  names 
after  action  has  been  taken,  is  that  they  are  estopped.  They  have 
sinned  away  their  day  of  grace,  they  did  not  sp.eak  when  they 
ought  to  have  spoken,  and  will  not  afterwards  be  heard  to  spcuk. 
Cole  V.  City  of  Columbus,  2  N.  P.  N.  S.  563. 

The  authorities  justify  the  conclusion  that  the  plaintiff  has 
a  right  to  inspect  the  petition  which  is  the  basis  of  an  election 
now  pending:  (1)  Because  he  is  a  citizen  and  elector  m  the 
local  option  district.  (2)  Because  he  is  a  petitioner.  A  citizen 
and  elector  is  interested  in  the  cause  of  the  election,  in  the  fact 
that  an  election  is  pending,  and  in  its  results.  He  has  a  vote,  has 
the  right  to  contest,  or  if  someone  else  contests,  he  may  defend  the 
election.  Upon  all  of  these  subjects  his  right  to  be  informed  is 
important.  .The  fact  of  his  being  a  petitioner,  in  a  qualified  sense, 
a  party,  gives  emphasis  to  his  right  of  inspection. 
Krickenberger  v.   Wilson,   15  dec.   779. 


58  OHIO    ELECTION    LAWS. 

The  provision  of  the  Brannock  Law  that  the  common  pleas 
judgL'  shall  order  a  special  election  to  be  held  in  not  less  than  twen- 
ty days  nor  more  than  thirty  days  from  the  filing  of  such  petition 
is  directory  and  not  mandatory.  The  objects  of  the  petition  might 
clearly  be  defeated  by  lengthening  hearings  which  could  be  con- 
tinued at  great  length  as  an  excuse  for  defeating  the  objects  of 
the  act. 

In  re.  petition  for  election  in  Dayton,  2   N.   P.   N.   S. 
245. 

It  is  not  necessary  that  a  petition  for  the  contest  of  an  elec- 
tion under  the  Brannock  Law  should  be  signed  by  the  petitioner ; 
and  the  requirement  as  to  verification  is  complied  with,  where  the 
petition  is  sworn  to  by  the  petitioner  before  an  officer  duly  author- 
ized to  administer  the  oath. 

■    Short  V.  City  of  Cincinnati,  3  N.'  P.,  N.  S.  117. 

The  contest  of  an  election  under  the  provisions  of  what  is 
peculiarly  known  as  the  Brannock  Local  Option  Law,  is  virtually 
an  action  inter  partes  that  the  mayor  of  the  municipality  in  which 
such  election  was  held  appearing  to  defend  its  validity ;  and  the 
burden  of  proof  is  upon  the  contestor  to  show  the  existence  of 
fatal    irregularities    therein. 

In  re.  Amnier,  3  N.   P.   N.   S.  32^. 

A  petition  for  an  election  under  the  Brannock  Law  may  be 
withdrawn,  and  the  boundaries  of  the  proposed  district  changed, 
and  the  petition  refiled ;  and  it  is  immaterial  if,  in  refiling,  the 
old  sheets  are  used,  without  having  the  signers  write  their  names, 
provided  only  that  the  signers  assent  to  the  change  in  the  bound- 
aries, and  constitute  forty  per  cent  of  the  electors  of  the  district 
so  changed. 

State  V.  Glackin,  3  N.  P.  356. 

Upon  the  determination  by  the  common  pleas  judge  as  to 
whether  the  necessary  per  cent  of  the  electors  have  petitioned  for 
an  election  under  the  Brannock  Law,  it  is  competent  for  qualified 
electors  who  did  not  sign  the  original  petition  to  join  in  the 
application  by  fihng  a  duplicate  application. 

'      In  re.  petition  for  special  election  in  Toledo  14  dec.  698. 

Orders  made  by  judges  for  elections  under  the  Brannock  Law 
are  merely  ministerial  and  not  judgments  of  the  court,  and  hence 
may  be  reviewed  by  an  associate  judge  notwithstanding  a  rule 
against  the  review  of  the  judgments  of  associate  judges. 

Fulton  V.   City  of  Columbus,  4  N.   P.  N.   S.  358. 

A  person  desiring  to  contest  the  result  of  an  election  must 
bring  himself  strictly  within  the  remedies  provided  therefor  by 
statute. 

In  re.  petition  Corey  49  Bulletin,  490. 


OHIO    ELECTION    LAWS. 


59^ 


School   of- 
ficers,;    elec- 
tion   and    be- 
ginning  of 
term. 


fi'eneral    elec- 
tion   laws    to 
govern   in 
school   elec- 
tions. 


SCHOOL  ELECTIONS. 

Sec.  2.  All  elections  for  school  directors,  members  of 
boards  of  education  and  school  councils  provided  for  h\ 
any  general  or  special  laws  of  the  state  shall  likewise  be  hel  1 
on  the  first  Tuesday  after  the  first  Monday  in  November, 
and  the  terms  of  all  such  officers  respectively,  shall  begin  o:i 
the  first  Monday  in  January  after  their  election.  And  a'l 
such  officers  now  holding  office  and  hereafter  elected  shall 
hold  their  offices  until  their  successors  are  elected  and  quali- 
fied.    [97  V.  40.] 

(3970-10)  Sec.  I.  *  The  election  of  members  of  board - 
of  education  shall  be  governed  and  controlled  by  the  gener.i! 
election  laws  of  the  state.  There  shall  be  separate  poll 
books  and  tally-sheets  used  for  all- elections  for  school  pur- 
poses, and  the  ballots  of  the  electors  at  said  elections  shall 
be  deposited  in  a  seperate  ballot-box.  In  city  school  districts 
the  ballots  for  each  subdistrict  shall  contain  the  names  of 
the  candidates  for  member  of  the  board  of  education  from 
such  subdistrict  and  also  the  names  of  the  candidates  to  be 
elected  at  large.  Returns  of  all  school  elections  shall  be 
made  to  the  clerk  of  the  board  of  education  not  less  than 
five  days  after  the  election,  and  it  shall  be  the  duty  of  the 
board  of  education  to  canvass  said  returns  at  a  meeting  to 
be  held  on  the  second  Monday  after  the  election,  and  the 
result  thereof  shall  be  entered  upon  the  records  of  the  board ; 
in  case  of  a  tie  vote,  the  same  shall  be  decided  by  said  board 
of  education,  by  lot.      [97  v.  354.] 

It  is  the  duty  of  the  deputy  state  supervisors  of  the  county 
to  furnish  separate  ballots  for  candidates  for  members  of  the  board 
of  education  for  each  school  district  of  the  county.  Where  such 
ballots  are  provided  by  the  election  officers,  written  or  printed 
ballots  other  than  those  furnished  by  the  board  would  be  illegal 
and  should  be  rejected  by  the  judges  of  election.     L.  10-27-04. 

(3970-10)     Section  i.     That  the  names  of  all  the  can      iiaiiots  for 
didates  for  members  of  the  board  of  education  of  any  schc^l    memb«-s°i.f 
district  in  the  state  of  Ohio,  however  nominated,  shall  he    board  of  e.iu- 
placed  on  one  independent  and  separate  ballot,  without  ary 
designation  whatever,  except  for  member  of  board  of  educa- 
tion, and  the  number  of  members  to  be  elected. 

A  cross  shall  be  placed  at  the  left  of  the  name  of  each    Marking  of 
candidate  for  whom  the  elector  desires  to  vote.    The  person    ''^"°*- 
having  the  highest  number  of  votes  shall  be  declared  elected    Deckratjon 
a  member  of  the  board  of  education,  and  the  next  highest, 
and   so   on   until   the   number  of   members   required   to  be 
elected  shall  have  been  selected  from  the  number  having 
th  highest  number  of  votes. 


of   result. 


Section  2.  The  ballots  shall  be  printed  and  prepare  I 
as  follows :  The  whole  number  of  ballots  to  be  printed  fo^' 
the  school  district  shall  be  divided  by  the  number  of  candi- 


m 


OHIO    ELECTION    LAWS. 


Publication  of 
notice    of 
school 
elections. 


Women  may 
vote  and  be 
voted  for  at 
certain  school 
elections. 


Registration. 


dates  for  member  of  board  of  education  of  the  school  dis- 
trict, and  the  quotient  so  obtained  shall  be  the  number  of 
ballots  in  each  series  of  ballots  to  be  printed  as  follows : 
The  names  of  candidates  shall  be  arranged  in  alphabetical 
order  and  the  first  series  of  ballots  printed.  Then  the 
first  name  shall  be  placed  last  and  the  next  series  printed, 
and  so  shall  the  process  be  repeated  until  each  name  shall 
have  been  first.  These  ballots' shall  then  be  combined  in 
tablets  with'  no  two  of  the  same  order  of  names  together, 
except  when  there  is  but  one  candidate.     [98  O.  L.,  116.] 

(3970-11)  Sec.  2.  The  clerk  of  each  board  of  educa- 
tion shall  publish  a  notice  of  all  school  elections  in  a  news- 
paper of  general  circulation  in  the  district,  or  post  written 
or  printed  notices  of  said  elections  in  five  public  places  in 
the  district,  at  least  ten  day.s  before  the  holding  of  the  same, 
which  notices  shall  specify  the  time  and  place  of  such  elec- 
tion and  the  number  of  members  of  the  board  of  education 
to  be  elected  and  the  term  for  which  they  are  to  be  elected, 
or  the  nature  of  the  question  to  be  voted  upon.      [97  v.  354.] 

(3970-12)  Sec.  3.  Every  woman  born  in  the  United 
States,  or  who  is  a  wife  or  duagther  of  a  citizen  of  the 
United  States,  who  is  over  twenty-one,  years  of  age  and 
i)Ossesses  the  necessary  qualifications  in  regard  to  residence, 
as  is  provided  for  men,  shall  be  entitled  to  vote,  and  to  be 
voted  for,  for  member  of  the  board  of  education  and  upon 
no  other  question.  The  law  relating  to  registration  shall 
apply  to  women  upon  whom  the  right  to  vote  is  conferred, 
but  the  names  of  such  women  may  be  placed  on  a  separate 
list.      [97  V.  354.] 

As  to  constitutionality  of  act  conferring  upon  women  the 
right  to  vote  and  be  voted  for  at  any  school  election  etc.,  see  State 
ex  rel.  v.  Board  of  Elections  9  C.  C.  134,  affirmed  in  54  O.  S.  631. 


Board    of 
education    in 
city   districts; 
how    consti- 
tuted   and 
elected. 


CITY  SCHOOL  DISTRICTS. 

Sec.  3897.  In  city  school  districts  the  board  of  educa- 
tion shall  consist  of-  not  less  than  two  members  nor  more 
than  seven  members  elected  at"  large,  by  the  qualified  electors 
.  )f  the  school  district,  and  of  not  less  than  two  members  nor 
more  than  thirty  members  elected  from  subdistricts  by  the 
qualified  electors  of  their  respective  subdistricts ;  provided 
that  in  city  school  districts  which  at  the  last  preceding  federal 
census  contained  a  population  of  less  than  fifty  thousand  per- 
sons, the  board  of  education  shall  consist  of  not  less  than 
three  members  nor  more  than  seven  members  elected  at 
large,  by  the  qualified  electors'  of  such  city  school  districts. 

Not  later  than  the  first  day  of  July  next,  after  the 
pas.sage  of  this  act,  the  present  city  school  board,  board  of 
education,  school  council  or  other  city  school  legislative 
body,  shall  pass  a  resolution  fixing,  within  the  limits  pre- 
scribed by  this  act,  the  number  of  members  of  said  board 


OHIO    ELECTION    LAWS. 

of  education  to  be  elected  at  large,  and  in  city  school  dis- 
tricts where  there  are  members  of  the  board  of  education 
to  be  elected  from  subdistricts,  they  shall  also,  at  the  same 
time,  fix  the  number  of  members  of  the  board  of  education 
to  be  elected  by  such  city  subdistricts.  The  said  city  school 
board,  board  of  education,  school  council  or  other  city  school 
legislative  body,  in  city  school  districts  where  there  are  mem- 
bers of  the  board  of  education  to  be  elected  from  subdis- 
trists,  shall,  at  the  same  time,  to-wit:  Before  the  first  day  of 
July  next,  after  the  passage  of  this  act,  subdivide  said  city 
school  district  into  subdistricts  equal  in  number  to  the  num- 
ber of  members  of  the  board  of  education  in  said  city  school 
districts  who  are  to  be  elected  from  subdistricts  therein  es- 
tablished. . 

Said  subdistricts  shall  be  bounded  as  far  as  practicable 
by  corporation  lines,  streets,  alleys,  avenues,  public  grounds, 
canals,  watercourses,  ward  boundaries,  voting  precinct 
boundaries  or  present  school  district  boundaries,  and  shall 
be  as  nearly  equal  in  population  as  possible,  and  shall  be 
composed  of  adjacent  and  as  compact  territory  as  possible. 
The  lines  of  said  subdistricts  so  fixed  shall  not  be  changed 
until  after  each  succeeding  federal  census. 

Within  three  months  after  the  official  announcement 
of  the  result  of  each  succeeding  federal  census  the  board  of 
education  of  each  city  school  district  shall  redistrict  the 
said  city  school  district  into  subdistricts  in  accordance  with 
the  provisions   of  this  act. 

If  the  city  school  board  of  education,  school  council, 
or  other  city  school  legislative  body  shall  fail  to  district  or 
redistrict  said  city  school  district  as  herein  required,  at 
the  time  or  times  herein  specified,  then  and  in  that  event, 
upon  the  application  of  the 'president  of  the  board  of  edu- 
cation, the  state  commissioner  of  common  schools  shall,  sub- 
ject to  the  requirements  of  this  act,  forthwith  district,  or  re- 
district said  city  school  districts. 

Provided  also,  that  school  subdistricts  shall  be  num- 
bered from  one  up,  consecutively,  and  that  at  the  first  elec- 
tion for  members  of  the  board  of  education  held  after  the 
passage  of  this  act,  the  members  to  be  elected  to  the  board 
of  education  from  subdistricts  of  odd  numbers  beginning 
with  one,  shall  be  elected  for  two  years,  and  those  elected 
from  subdistricts  of  even  numbers  shall  be  elected  for  four 
years,  and  at  the  expiration  of  their  respective  terms  their 
successors  shall  be  elected  for  a  term  of  four  years ;  and  pro- 
vided further,  that  at  the  said  first  election  the  members  of 
the  board  of  education  at  large  in  all  city  school  districts 
shall  be  elected  for  terms  as  follows : 

If  there  be  but  two  members  of  the  board  of  education 
elected  at  large,  one  shall  be  elected  for  two  years  and  one 
for  four  years,  and  if  there  be  more  than  two,  and  the 
number  thereof  divisible  by  two,  the  one-half  of  such  board 
shall  be  elected  for  two  vears  and  one-half  for  four  vears 


&1 


-62 


OHIO    ELECTION    LAWS. 


Organization 
of  city  board. 


Nomination 
of  candidates 
for   member 
of   board. 


but  if  the  whole  number  of  members  elected  at  large  be 
not  divisible  by  two,  then  the  number  to  be  elected  for 
two  years  shall  be  the  quotient  obtained  by  dividing  the 
whole  number  to  be  elected  at  large,  less  one,  by  two,  and 
the  remaining  members  shall  be  elected  for  four  years. 

At  the  expiration  of  their  respective  terms  their  suc- 
cessors shall  be  elected  for  four  years.  Members  elected  at 
large  must  be  electors  of  the  city  school  district,  and  mem- 
bers elected  from  subdistricts  must  be  electors  of  the  city 
subdistricts  from  which  they  are  chosen,  or  of  the  territory 
attached  to  the  subdistrict  for  school  purposes ;  a  removal 
from  said  subdistricts ;  territory  or  city  school  district  shall 
vacate  said  office. 

The  number  of  members  of  the  board  of  education  shall 
not  be  changed,  except  at  the  time  of  the  redistricting  herein 
provided  for,  within  three  months  after  the  official  announce- 
*  ment  of  the  result  of  the  federal  census. 

All  members  of  boards  of  education  of  city  school  dis- 
tricts, herein  provided  for  shall  be  elected  at  the  same  time 
and  in  the  same  manner  as  municipal  officers  are  elected. 
[97  V.  338.] 

Sec.  3897a.  Boards  of  education  in  city  school  districts 
sliall  organize  one  the  first  Monday  in  January  after  the 
(lection  held  for  members  of  the  board  of  education  by  the 
election  of  one  of  their  members  as  president  and  the  elec- 
tion of  a  clerk,  who  may  or  may  not  be  a  member  of  the 
l^oard,  the  president  to  be  elected  forgone  year  and  the  clerk 
to  be  elected  for  a  term  not  to  exceed  two  years ;  they  shall 
fix  the  time  of  holding  regular  meetings.  Upon  the  organ- 
ization of  the  first  boards  of  education  elected  under  this 
act.  the  previously  existing  board  of  education  are  there- 
by abolished  and  said  newly  elected  booards  shall  be  their 
successors  in  all  respects.  Not  less  than  fifteen  days  be- 
fore the  election  of  members  of  boards  of  education, 
;iominations  of  candidates  therefor  may  be  made  by 
"omination  papers,  signed  in  the  aggregate  for  each 
candidate  by  not  less  than  twenty-five  qualified  electors 
of  either  sex  of  the  school  district  except  that  in  city 
school  districts  such  nomination  papers  shall  be  signed 
by  petitioners  not  less  in  number  than  one  for  every 
one  .hundred  persons  who  voted  at  the  next  preceding  gen- 
eral election  in  such  city ;  and  whenever  each  of  such  can- 
didates shall  be  so  nominated  and  his  or  their  names  shall 
be  presented  to  the  county  board  of  deputy  state  supervisors 
of  elections  of  the  county  in  which  such  district  is  situated 
not  less  than  fifteen  days  prior  to  the  ensuing  election,  the 
said  board  of  deputy  state  supervisors  of  election  shall  pub- 
lish on  two  different  days  prior  to  such  election  the  names 
of  such  candidates  in  two  newspapers  of  opposite  politics 
in  the  school  district,  if  tlVere  be  such  printed  and  published 
therein,  or,  if  no  newspaper  is  printed  therein,  by  posting 


OHIO    ELECTION    LAWS. 


68 


such  list  of  names  in  at  least  five  public  places  in  the  school 
district.     [97  v.  340. j 

Sec.  3898.  When  territory  is  attached  to  a  city  school 
district  for  school  purposes,  it  shall  be  the  duty  of  the  board 
of  education  to  assign  such  territory  to  the  subdistrict  or 
subdistricts  adjoining  the  same,  and  a  map  showing  such 
assignment  shall  be  made  a  part  of  the  record  of  the  board ; 
the  electors  residing  in  said  attached  territory  shall  be  en- 
titled to  vote  for  school  officers  and  on  all  school  questions 
in  the  subdistricts  to  which  they  are  assigned,  and  in  the 
election  precinct  nearest  their  residence ;  and  in  case  the 
board  fails  to  perform  this  duty,  the  electors  residing  in 
said  attached  territory,  shall  be  entitled  to  vote  in  the  sub- 
district  and  precinct  nearest  their  residence.  An  elector  re- 
siding m  the  city,  but  not  in  the  city  school  district,  shall  not 
be  entitled  to  vote  in  said  city  school  district.      [97  v.  340.] 

Sec.  3900.  The  redistricting  of  a  city  school  district 
shall  not  affect  the'membership  of  the  then  existing  board  of 
education  in  said  city  school  district ;  all  the  members  thereof 
shall  continue  to  serve  for  the  full  term  for  which  they  were 
elected,  but  after  the  expiration  of  said  terms  the  election  of 
members  of  the  board  of  education  from  subdistricts  shall 
be  by  the  subdistricts  as  redistricted.     [97  v.  341.] 


Wb   re   elei  tor 
rcsi'ling  in 
territory   at- 
tacl'ed  to  city 
for  school 
puri'oses   en- 
titl:  d   to   vote 
on    school 
questions. 


ReHistricting 
of  <  ity  school 
district  shall 
not   affect  the 
then    existing 
board. 


VILLAGE  SCHOOL  DISTRICTS. 

Sec.  3908.  The  board  of  education  of  village  school 
districts  shall  consist  of  five  members  elected  at  large  at  the 
same  time  and  in  the  same  manner  as  municipal  officers  are 
elected,  for  the  term  of  four  years  from  the  first  Monday  in 
January  after  their  election  or  until  their  successors  are 
elected  and  qualified.  At  the  first  municipal  election  held 
after  the  passage  of  this  act  there  shall  be  a  board  of  educa- 
tion elected  in  all  village  districts  as  provided  for  herein, 
two  to  serve  for  two  years,  and  three  to  serve  for  four  years, 
and  at  the  municipal  election  held  every  second  year  there- 
after, their  successors  shall  be  elected  for  the  term  of  four 
years.  Upon  the  organization  of  said  boards,  upon  the  suc- 
ceeding first  Monday  in  January  after  their  election,  the 
previously  existing  village  boards  of  education  shall  be 
thereby  abolished  and  the  newly  elected  and  organized  board 
shall  be  their  successors  in  all  respects.      [97  v.  341.] 

Sec.  3909.  In  all  incorporated  villages  not  now  organ- 
ized as  school  districts  and  in  all  villages  hereafter  created, 
there  shall  be  a  board  of  education  elected  as  provided  for  in 
section  3908  of  the  Revised  Statutes  of  Ohio;  provided, 
however,  that  if  said  election  be  a  special  election  held  in  a 
newly  created  village,  the  members  elected  shall  serve  for  the 
terms  as  indicated  in  said  secction  3908.  from  the  first  Mon- 
day in  January  after  the  last  preceding  election  for  members 


Borrd  of  edu- 
cation in   vil- 
lage  districts, 
how  consti- 
tuted   and 
elected. 


Ele  tion    of 
board  in  vil- 
la?    not    now 
orpinized    as 
school   district 
or  in  newly 
created  village. 


64 


OHIO    ELECTION    LAWS. 


Where  elector 
residing  in 
territory    at- 
tached to  vil- 
lage for  school 
purposes  en- 
titled  to  vote 
on  school 
questions. 


of  boards  of  education,'  and  the  board  shall  organize  on  the 
second  Monday  after  the  special  election.     [97  v.  341.] 

A  special  election  for  members  of  tlie  board  of  education 
of  a  village  district  in  a  newly  incorporated  village  cannot  be  held 
at  the  same  time  and  place  designated  by  council  for  the  holding 
of  a  special  election  under  the  Beal  Law.  The  latter  act  requires 
the  election  under  the  Beal  law  to  be  a  special  one,  and  the 
ballot  used  is  such  that  it  is  impractical  to  hold  an  election  of 
ofBcers  at  the  same  time.     L.  4-2 ;   05. 

Sec.  3910.  Electors  residing  in  territory  attached  to  a 
village  school  district  for  school  purposes,  shall  be  entitled 
to  vote  for  school  officers  and  on  all  school  questions,  at  the 
regular  voting  place  in  the  village  to  which,  such  territory 
is  attached,  and  should  said  village  be  divided  into  voting 
precincts,  it  shall  be  the  duty  of  the  board  of  education  of 
such  village  school  district  to  assign  such  territory  to  the 
adjoining  precinct  or  precincts  and  to  have  a  map  prepared 
showing  such  assignment,  said  map  to  be  made  a  part  of  the 
records  of  the  board,  and  the  electors  residing  in  such  at- 
tached territory  shall  be  entitled  to  vote  in  the  precinct  to 
which  they  are  assigned,  but  in  case  no  assignment  of  terri- 
tory is  made,  the  elector  shall  vote  in  the  precinct  nearest 
!iis  residence.  An  elector  residing  in  a  village,  but  not  in  a 
village  school  district,  shall  not  be  entitled  to  vote  in  said 
village  school  district.     [97  v.  341.] 


Board  of  edu- 
cation in 
township  dis- 
tricts J   how 
constituted 
and  elected. 


Where  elector 
residing  in 
territory   at- 
tached to 
township   for 
school  pur- 
posses  entitled 
to  vote  on 
school    ques- 
tions. 


TOWNSHIP    SCHOOL    DISTRICTS. 

-  Sec.  3915.  The  board  of  education  of  township  school 
districts  shall  consist  of  five  members  elected  at  large  at  the 
same  time  and  in  the  same  manner  as  the  township  officers 
are  elected,  for  the  term  of  four  years  from  the  first  Monday 
in  January  after  their  election  [or]  until  their  successors  are 
elected  and  qualified.  At  the  first  township  election  held 
after  the  passage  of  this  act,  there  shall  be  a  board  of  educa- 
tion elected  in  all  township  districts  as  provided  for  herein, 
two  to  serve  for  two  years,  and  three  to  serve  for  four  years, 
and  at  the  township  election  held  every  second  year  there- 
after their  successors  shall  be  elected  for  the  term  of  four 
years.  Upon  the  organization  of  said  boards,  upon  the  suc- 
ceeding first  Monday  in  January  after  their  election,  the 
previously  existing  township  boards  of  education  shall  be 
thereby  abolished  and  the  newly  elected  and  organized 
board' shall  be  their  successors  in  all  respects.     [97  v.  342.] 

Sec.  3916.  Electors  residing  in  territory  attached  to 
a  township  school  district  for  school  purposes,  shall  be  en- 
titled to  vote  for  school  officers  and  on  all  school  questions, 
at  the  regular  voting  place  in  the  township  to  which  such 
territory  is  attached,  and  should  such  township  be  divided 
into  different  voting  precincts,  it  shall  be  the  duU  of  the 
board  of  education  of  the  township  district,  to  assign  such 
attached  territorv  to  the  adjoining  precinct  or  precincts;  if 


65 


OHIO    ELECTION    LAWS. 

lerr ivory  is  attached  to  more  than  one  precinct,  a  map  shall 
be  prepared  showing  such  assignment  and  said  map  shall 
be  made  a  part  of  the  records  of  the  board  of  education,  and 
electors  shall  be  entitled  to  vote  according  to  such  assign- 
ment, but  in  case  no  assignment  of  territory  is  made,  the 
electors  shall  vote  in  the  precinct  nearest  to  their  residence. 
An  elector  residing  in  the  township,  but  not  in  the  township 
school  district,  shall  not  be  enti4:led  to  vote  in  said  township 
school  district.     [97  v.  342.] 

SUBDISTRICT   SCHOOL   DIRECTOR. 

Sec.  3921a.  In  all  township  districts  the  schools  oi  School  direc- 
which  are  not  centralized  or  consolidated  there  shall,  be  powe^^and"' 
elected  by  ballot  on  the  second  Monday  of  April,  1905,  ^»^^^- 
rind  annually  thereafter  in  each  subdistrict,  by  the  quali- 
fied electors  thereof,  one  competent  person,  having  the 
qualifications  oi  an  elector  therein  to  be  styled  director.  ' 
In  all  cases  of  tie  votes  at  an  election  for  director  the  judges 
of  election  shall  decide  the  election  by  lot ;  and  in  other 
cases  of  failure  to  elect  directors  or  in  case  of  a  refusal 
to  serve,  or  in  case  where  vacancies  exist  from  any  cause, 
the  township  board  of  education  shall  appoint  a  director 
for  such  subdistrict.  The  director  of  each  subdistrict 
shall  post  written  or  printed  notices  in  three  or  more 
conspicuous  places  in  his  subdistrict  at  least  six  days  prior 
to  the  election,  designating  the  day  and  hour  of  opening, 
and  the  hour  of  closing  the  election.  The  election  shall 
be  held  at  the  school  house  in  the  subdistrict.  The  meeting 
shall  be  organized  by  appointing  a  chairman  and  secretary, 
who  shall  act  as  judges  of  the  election  under  oath  or  affirm- 
ation, which  oath  or  affirmation  may  be  administered  by 
the  director  of  the  subdistricts,  or  any  other  person  compe- 
tent to  administer  such  an  oath  or  affirmation,  and  the  sec- 
retary [  shall  keep  a  poll-book  and  tally-sheet,  which  shall 
be  signed  by  the  judges,  and  delivered  within  eight  days 
to  the  clerk  of  the  township  board  of  education.  The  quali- 
fied electors  of  the  subdistrict  may  hold  other  meetings  at  . 
an}-  time  upon  the  call  of  the  director  or  of  any  five  electors*. 
Five  day's  notice  shall  be  given  of  such  meetings  by  post- 
ing notices  in  five  public  palces  in  the  vicinity.  The  di- 
rector of  each  subdistrict  shall  preside  at  the  school  meet- 
ings of  the  district,  record  their  proceedings,  and  shall  act 
as  the  organ  of  communication  between  the  inhabitants  and 
the  township  board  of  education.  He  shall  take  charge  of 
the  school  house  and  property  belonging  thereto  under  the 
general  order  and  direction  of  the  township  board  of  edu- 
cation and  preserve  the  same  and  when  so  ordered  by  the 
board  shall  make  all  temporary  repairs  of  the  school  house, 
furniture  and  fixtures,  and  provide  the  necessary  fuel  for 
the  school,  reporting  the  .cost  thereof  to  the  board  of  edu- 
cation for  payment.     The  director  of  each  subdistrict  shall 

5       E   L 


66 


OHIO    ELECTION    LAWS. 


take  the  enumeration  of  his  subdistrict  and  return  the  same 
to  the  clerk  of  the  township  board  of  education  in  the  man- 
ner prescribed  by  law.     [97  v.  343.] 

Such  election  is  conducted  in  the  special  manner  provided 
in  this  section,  and  is  not  subject  to  the  provisions  of  the  ballot 
laws,  nor  under  the  control  of  the  deputy  state  supervisors  of  the 
county.     L.   3-9-05. 


Submission   of 
question    of 
centraliza- 
tion. 


Submission  of 
question    of 
decentraliza- 
tion. 


CENTRALIZATION. 

Sec.  3927-2.  A  township  board  of  education  may 
submit  the  question  of  centralization,  and  upon  the  petition 
of  not  less  than  one-fourth  of  the  qualified  electors  of  such 
township  district,  must  submit  such  question  to  a  vote  of 
the  qualified  electors  of  such  township  district,  and  if  more 
votes  are  cast  in  favor  of  centralization  than  against  it,  at 
such  election,  it  shall  then  become  the  duty  of  the  iDoard 
of  education,  and  such  board  of  education  is  required  to 
proceed  at  once  to  the  centralization  of  schools  of  the  town- 
ship, and  if  necessary  purchase  a  site  or  sites  and  erect  a 
suitable  building  or  buildings  thereon ;  provided,  that  if, 
at  the  said  election,  more  votes  are  cast  against  the  propo- 
sition for  centralization  than  for  it«  the  question  shall  not 
again  be  submitted  to  the  electors  of  said  township  dis- 
trict for  a  period  of  two  years.  When  the  schools  of  a 
township  have  been  centralized,  such  centralization  shall 
not  be  discontinued  within  three  years  thereafter,  and  then 
only  by  petition  and  election  as  required  herein  and  if  at 
such  election  more  votes  are  cast  against  centralization 
than  for  it,  the  division  into  subdistricts  as  they  existed 
prior  to  centralization,  shall  be  thereby  re-established  at 
the  next  regular  election  and  subdistrict  directors  shall  be 
elected  as  provided  in  section  3921a  of  this  act.    [97  v.  344.] 

Where  a  special  election  is  held  within  a  township  or  munici- 
pality for  the  submission  of  the  question  of  the  issue  of  bonds 
for  school  centralization,  the  judges  and  clerks  of  the  proper  pre- 
cincts should  make  return  of  the  vote,  cast  at  such  special  election 
to  the  clerk  of  the  township  or  municipality,  or  the  clerk  of  the 
board  of  education  of  the  districts,  as  the  case  may  be.  The  law 
does  not  require  that  a  separate  return  of  the  vote  of  such  special 
election  be  made  to  the  deputv  state  supervisors  of  the  countv. 
L.  3-15-05.  . 

The  board  of  education  of  a  township  district  may  submit 
the  question  of  centralization  to  the  qualified  electors  of  the  town- 
ship district  at  either  a  general  or  special  election.  Due  notice 
thereof  must  be  given  and  the  election  conducted  in  all  respects 
as  provided  for  the  election  of  township  officers.     L.  3-29-05. 

The  board  of  education  acts  as  a  canvassing  board  and  has 
no  authority  to  consider  or  count  defective  ballots  returned  by  the 
judges  of  election.  Such  disputed 'ballots  can  be  used  only  for 
the  purpose  of  a  contest,  before  a  court  having  jurisdiction  to  de- 
termine the  question  raised  by  the  contest.     L.  3-15-05. 

At  such  election  the  regular  judges  and  clerks  of  election 
in  the  township  precincts  must  preside  and  conduct  it.  The  fact 
a  judge  resides  within  territory  annexed  to  a  village  for  school 
purposes  does  not  disqualify  him.     L.  11-1-06. 


OHIO    ELECTION    LAWS.  t)7 

Such  question  must  be  submitted  at  the  next  getjeral  election 
following  the  presentation  of  the  petition.  See  also  Sec.  2996-2. 
L.   2-15-06. 

This  section  does  not  authorize  the  calling  of  af  special  elec- 
tion for  that  purpose.     L.  10-31-06.     See  also  Sec!  2996-2  R.  S. 

SPECIAL  SCHOOL   DISTRICTS. 

Sec.  3928.  A  special  school  district  may  be  formed  -SiKciai  school 
of  any  contiguous  territory,  not  included  within  the  limits  co^n'ostci  and 
of  an  incorporated  city  or  village,  which  has  a  total  tax  created, 
valuation  of  not  less  than  one  hundred  thousand  dollars. 
To  establish  a  special  school  district,  a  petition  signed  by 
not  less  than  ten  male  citizens  who  are  electors  of  the  pro-~ 
posed  special  district  shall  be  filed  in  the  office  of  the  pro- 
bate judge  of  the  county  in  which  such  special  district  is 
situated  or  if  said  district  is  situated  in  two  or  more  coun- 
ties, then  with  the  probate  judge  of  the  county  having  the 
greatest  total  tax  valuation  in  said  proposed  district ;  said 
petition  shall  set  forth  the  desires  of  the  petitioners,  shall 
contain  a  description  of  the  territory  t,o  be  included  in  the 
proposed  special  district,  and  shall  be  accompanied  by  a 
statement  giving  the  total  tax  valuation  of  said  territory 
certified  to  by  the  county  auditor  or  auditors  and  also  an 
accurate  map  of  the  territory  to  be  included  in  said  dis- 
trict, the  same  to  be  prepared  to  the  satisfaction  of  the 
probate  judge;  said  petition  shall  also  be  accompanied  by 
an  undertaking  of  one  or  more  of  the  petitioners,  with  se- 
curity to  the  satisfaction  of  the  judge,  in  the  sum  of  one 
hundred  dollars,  conditioned  that  the  parties  entering  into 
the  undertaking  shall  pay  all  the  costs  of  the  proceedings 
if  a  special  school  district  is  not  created,  and  in  such  case 
the  probate  judge  shall  render  judgment  against  the  parties 
to  the  undertaking  for  all  the  costs  of  the  proceedings.  In 
case  the  petition  is  granted  the  costs  shall  be  taxed  against 
the  special  school  district  thereby  authorized  and  shall  be 
paid  by  the  board  of  education  of  said  special  school  dis- 
trict, thereafter  elected,  from  any  funds  that  may  come 
into  its  possession.  A  remonstrance  signed  by  one  or  Special  dis- 
more  of  the  male  citizens   who  are  electors   of  the  pro-    ^^'"^'^  "°Y  „ 

1      1-        •  1         /~i     1  •  1        1  •      1  1     ex'sting  sliall 

posed  district  maw  be  filed  with  the  probate  judofe  and  continue; 
shall  be  considered  on  the  hearing  of  the  petition.  Nothing  ^""^  "'•'""• 
herein  contained  shall  be  so  construed  as  to  abolish  any 
special  school  district  now  existing,  but  all  such  districts 
whether  created  under  the  provisions  of  a  general  or 
special  act,  including  the  territory  now  constituting  such 
special  district,  shall,  unless  changed  under  the  provisions 
of  this  chapter,  continue  to  be  and  remain  and  be  recog- 
nized and  regarded  as  legal  special  school  districts,  ex- 
cepting, however,  such  special  school  districts  which  do  now 
or  may  hereafter  include  within  their  boundaries  an  incor- 
porated city  or  village,  and  in  such  cases  such  special  dis- 
trict shall  become  a  city  or  village  school  district  with  or 


68 


OHIO    ELECTION    LAWS. 


without  territory  attached  or  detached,  as  the  case  may.  be. 

Officers  of  ex-  Aiid  all  officcrs  and  members  of  boards  of  education  of  ex- 

schooi  districts   isting   special   school   districts   heretofore   created,   whether 

their  succes-"   ^3    Special  or  general  acts,  shall  continue  to  hold  and  ex- 

sors  are  elected  ercisc  their  respective  offices  and  the  powers  thereof,  until 

qua  1  e  .    j^j^^jj.  gyccessors  are  elected  and  qualified  as  provided  herein ; 

provided  that  all  such  officers  of  such  districts  created  by 

special  act  shall  hold  such  officers  only  until  th6  first  Monday 

of  January   following  the   first  election   for   school  officers 

to  be  lield  after  the  passage  of  this  act,  at  which  election 

their   successors   shall   be   elected.      [97   v.   345.] 

Board  of  edu-     *     Scc.  3930.     The  board  of  education  of  special  school 
cation  in  spe-  districtS  shall  consist  of  five  members  elected  at   large  at 

ctal    districts;  .  ...  ^    ,   . 

how  consti-      the   samc  tnne  ana   m  the   same   manner  as   the   township 
dected^"  officcrs  are   elected,  for  the  term  of   four  years   from  the 

first  Monday  in  January  after  their  election  or  until  their 
successors  are  elected  and  qualified.  At  the  first  town- 
ship election  held  after  the  passage  of  this  act,  there  shall 
be  a  -board  of  education  elected'  in  all  special  districts  as 
provided  for  herein,  two  to  serve  for  tvvo  years,  and  three 
to  serve  for  four  years,  and  at  the  township  election  held 
every  second  year  thereafter,  their  successors  shall  be 
elected  for  the  term  of  four  years.  Upon  the  organiza- 
tion of  said  boards,  upon  the  succeeding  first  Monday  in 
January  after  their  election  the  previously  existing  boards 
of  education  of  special  school  districts  shall  be  thereby 
abolished  and  the  newly  elected  and  organized  boards  shall 
be  their  successors  in  all  respects.      [97  v.  346.] 


Conduct  of 
elections  in 
special  dis- 
tricts. 


Sec.  3931.  Elections  in  special  school  districts  shall 
be  held  by  the  regular  election  officers  of  the  township  in 
which  such  special  districts  are  situated  and  if  a  special 
district  is  situated  in  two  or  more  townships,  the  election 
shall  be  held  by  the  election  officers  of  the  different  town- 
ships for  the  electors  residing  in  each  township  respec- 
tively. At  least  twenty  days  prior  to  the  first  election 
held  under  this  act,  it  shall  be  the  duty  of  the  clerk  of  the 
board  of  education  of  each  special  school  district  to  notify 
the  deputy  supervisors  of  election  of  the  county  in  which 
the  district  is  situated,  or  if  said  district  be  in  two  or 
more  counties,  he  shall  notify  the  deputy  supervisors  of 
each  county,  of  the  names  of  the  voting  precincts  having 
territory  in  such  special  school  district,  and  the  probable 
number  of  electors  in  each  precinct,  in  order  that  said 
deputy  supervisors  shall  be  enabled  to  prepare  ballots  and 
election  supplies  and  distribute  the  same  to  the  proper  pre- 
cincts, and  in  each  precinct  there  shall  be  separate  ballots, 
ballot-boxes,  poll-books  and  tally-sheets»  for  each  school 
district  having  voters  therein.     [97  v.  346.] 


OHIO    ELECTION    LAWS. 


69 


Sec.  3932.  When  a  special  school  district  is  created,  Mass  meeting 
a  mass  meeting  of  the  electors  in  such  district  shall  be  hoidrng^first"^ 
called  by  the  posting  6f  notices  in  five  public  places  in  spg^j.Vai"dis" 
the  district  setting  forth  the  time  and  place  of  said  meet-  trict. 
ing  and  signed  by  at  least  three  electors  of  the  district. 
The  electors  assembled  at  said  meeting  shall  elect  a  chair- 
man and  secretary  and  fix  the  time  for  holding  the  first 
election  for  members  of  the  board  'of  education,  the  time 
so  fixed  shall  not  be  within  twenty-five  days  of  the  time 
of  holding  said  mass  meetmg.  The  chairman  and  secre- 
tary of  said  meeting  shall  immediately  post  notices  in  five 
public  places  within  the  district,  giving  the  date  of  the 
elections  and  shall  notify  the  deputy  state  supervisors  of 
elections  as  provided  in  section  3931  of  the  Revised  Stat- 
utes of  Ohio.  The  board  thus  elected,  shall  organize  on 
the  second  Monday  after  the  election  and  the  term  of  the 
members  shall  be  as  indicated  in  section  3930  of  the  Re- 
vised Statutes  of  Ohio,  from  the  first  Monday  in  January 
after  the  last  preceding  annual  election  for  members  of 
boards  of  education,  or  until  their  successors  are  elected 
and  qualified.      [97  v.  347.] 

Where  a  new  special  school  district  has  been  created  and  a 
special  meeting  of  the  electors  of  such  district  has  been  called 
for  the  purpose  of  electing  a  board  of  education,  the  deputy  state 
supervisors  should  print  the  ballots,  and  the  regular  judges  and 
clerks  of  the  proper  precinct  should  preside  at  such  election.  The 
returns  of  the  first  election  should  be  made  to  and  canvassed  by 
the  township  clerk,  whose  duty  it  is  to  issue  certificates  of  elec- 
tion to  the  -newly  elected  members.  Thereafter  the  returns  of  all 
elections  within  such  special  district  must  be  made  to  the  clerk 
and  board  of  educntion  thereof.     L.  7-9-06. 

Sec.    3935:     When   a    petition    is    signed    by    not    less    Election  to  de- 
than   one— third   of   the   electors   residing   within  the   terri-    tfnlTance '^o"' 
tory    constituting    a    special    school    district,    whether    ere-    abandonment 
ated    under    the    provisions    of    a    general    or    special    act,   s^chool^dittrict; 
praying,  for  the  abandonment  or  continuance  of  such  dis-    ducted°" 
strict,  shall  be  presented  to  the  board  of  education  of  said 
district,  or  when  said  board  shall,  by  a  majority  vote  of 
the   full  meinbership   of   the   board,   decide   to   submit   the 
question   of   abandoning   or   continuing   the    special    school 
district,  it  shall  be  the  duty  of  the  board  to  fix  the  time  of 
holding  said   election   at   either  a   special   or   general   elec- 
tion  and   the   clerk   of   the   board    shall   notify   the  deputy 
state  supervisors  of  elections,  as  provided  in  section  3931 
of  the  Revised  Statutes  of  Ohio,  of  the  date  of  such  elec- 
tion and  the  nature  of  the   same  and   said  supervisors  of 
elections    shall   provide    for   the    same.      The   clerk    of   the 
board  of  education  shall  also  post  notices  of  said  election 
in  five  public  places  within  the  district.     If  said  election 
be  submitted  at  a  special  election  in  a  district  situated  in 
two  or  more  election  precincts,  the  election   shall  be   held 
at  the  precinct  nearest  the  school  house  in  said  special  dis- 
trict,  by   the   election   officers   of   the   precinct,  and   all  the 


70  OHIO    ELECTION    LAWS. 

electors  of  said  district  shall  vote  at  said  precinct.  If  the 
district  is  situated  in  two  or  more  counties,  the  deputy 
state  supervisors  of  the  county  in  which  said  nearest  elec- 
tion precinct  is  situated,  shall  have  charge  of  the  election. 
If  said  question  is  submitted  at  a  regular  election,  it  shall 
be  conducted  in  the  same  manner  as  the  election  of  mem- 
bers of  the  board  of  education.  The  ballot  shall  be  in  the 
regular  form,  but  without  the  circle  at  the  top,  and  shall 
have  printed  thereon  "Abandonment  of  special  school 
district,  yes ;"  "Abandonment  of  special  school  district, 
no;"  or  "Continuance  of  special  school  district,  yes;" 
"Continuance  of  special  school  district,  no,"  as  the 
case  may  be.  The  expense  of  said  election  shall  be  paid 
in  the  same  manner  as  are  other  school  election  expenses* 
and  returns  of  said  elections  shall  be  made  to  the  board 
of  education  of  the  special  school  district  and  if  more  votes 
are  cast  for  abandanment  than  against  it  or  against  con- 
tinuance than  for  it,  said  boards  shall  certi/y  the  result 
to  the  board  or  boards  of  education  of  the  township  or 
townships  having  territory  in  said  special  district  and  the 
territory  of  said  special  district  shall  thereby  revert  to  the 
township  school  district  or  districts  from  which  it  was 
originally  taken,  except  as  hereinafter  provided  for  in  the 
case  of  indebtedness  of  the  special  district.  Otherwise 
said  district  shall  continue  to  be  and  remain  and  be  recog- 
nized and  regarded  as  a  legal  special  school  district  as 
theretofore  constituted.  The  legal  title  of  the  property  of 
the  special  school  district  shall  in  the  event  of  -abandon- 
ment or  failure  to  continue  become  vested  in  the  board  or 
boards  of  education  of  the  township  or  townships  in  which 
such  property  is  situated.  And  the  school  funds  of  said 
special  district  shall  be  paid  into  the  treasury  of  the  town- 
ship district  and  if  said  special  district  be  in  two  or  more 
townships,  it  shall  be  divided  between  them  in  proportion 
to  the  total  tax  valuation  of  property  in  the  several  dis- 
tricts, but  the  abandonment  of  a  special  school  district  shall 
not  be  deemed  complete  until  the  board  of  education  of 
said  district  shall  have  provided  for  the  payment  of  any  in- 
debtedness that  may  exist.      [97  v.  348.] 

VACANCIES. 

\'acancies  in  Scc.  398 1.     Vacancics  iu  any  board  of  education  aris- 

rat"ion.°ho^w"~   ^^S   froHi   death,   nonresidence,    resignation,    removal    from 
filled.  office,    failure    of    person    elected    or    appointed   to    qualify 

within  ten  (.lays  after  the  organization  of  the  board  or  of 
his  appointment,  removal  from  the  district,  or  from  other 
cause,  shall  be  filled  by  the  board  of  education  at  its  next 
regular  or  special  meeting  or  as  soon  thereafter  as  possi- 
ble for  the  unexpired  term.  A  majority  vote  of  all  the 
remaining  members  of  the  board  can  fill  any  vacancy  or 
vacancies  that  may  exist  in  said  l^oard.     [97  v.  355.] 


OHIO    ELECTION    LAWS. 


71 


The  person  so  chosen  to  fill  the  vacancy  will  serve  until  the 
election  of  his  successor,  and  such  successor  for  the  unexpired 
term  must  be  chosen  at  the  first  proper  election  which  occurs  more 
than    thirty   days    after    the    creation    of    the    vacancy.     L.    11-9-06. 


TAXATION,    ETC. 

Sec.    3959.     The   local   tax   levy    for   all    school   pur-  Maximum 

poses  shall  not  exceed  twelve  mills  on  the  dollar  of  valu-  '^^^' 
ati^n   of  taxable  .property  in  any  school   district,  but   said 
levy    shall    not    include    any    special    levy,    for    a    specified 

purpose,  provided  for  by  a  vote  of  the  people.     A  greater  Greater  tax 

tax  than  is  authorized  herein  mav  be  levied   for  anv  or  may  be  levied 

...  .-.  ,     ',  if   authorized 

all  school   purposes   if  the  proposition   to  make  such  levy    by  vote  of 
shall  have  been  first  submitted,  by  the  board  of  education,    p*^°P'*^- 
to  a  vote  of  the  electors  of  the  school  district,  under  a 
resolution   prescribing  the   time,   place  and  nature   of  the 
proposition  to  be  submitted,  and  approved  by  a  majority 
of  those  voting  on  the  proposition ;  notice  of  said  election    Notice  of 
must  be  given  by  publication  of  the   resolution   for  three    <''^'=''°'*- 
consecutive  weeks  prior  thereto  in  some  newspapers  pub- 
lished and  of  general  circulation  in  the  district,  or  by  post- 
ing copies  thereof  in  five  of  the  most  conspicuous  places 
in  the  district  for  a  like  period,  if  no  such  paper  i«  pub- 
lished therein.     [97  v.  349.] 

Sec.  3991.     When    the    board    of    education    of    any    submission  of 
school    district    determines    that    it    is    necessarv    for    the    q"esti9n  of 

,.  .,  .,-',..  bond   issue 

proper  accomodation  of  the  "schools  of  such  district  to  for  erection, 
purchase  a  site  or  sites  to  erect  a  school  house  or  houses.  of^'Tchooi-^  "^ ' 
to  complete  a  partially  built  school  house,  to  enlarge,  re-  ''°"^^- 
pair  or  furnish  a  school  house,  or  to  do  any  or  all  of 
said  things,  and  that  the  funds  at  the  disposal  of  said 
board  or  that  can  be  raised  under  the  provisions  of  section 
3994  of  the  Revised  Statutes  of  Ohio,  are  not  sufficient  to 
accomplish  said  purpose  and  that  a  bond  issue  is  neces- 
sary, the  board  shall  make  an  estimate  of  the  probable 
amount  of  money  required  for  such  purpose  or  purposes 
and  at  a  general  election  or  a  special  election  called  for 
that  purpose,  shall  submit  to  the  electors  of  the  district  the 
question  of  the  issuing  of  bonds  for  the  amount  so  estimated; 
notices  of  the  election  required  herein  shall  be  given  in  the 
manner  as  provided  in  section  thirty-nine  hundred  and  sev- 
enty dash  eleven.     [97  v.  357.] 

See  notes  to  3927-2, 

(4009-15)    Sec.    I.     The  boards   of  education  of  two  Township  high 

adjoining  township  school  districts,  or  of  a  township  dis-  school  district, 

trict   and   of   a    village   or    special    school    district    situated  6f  by  boards 

partially   or   wholly   within   the   township,   may,   by   a  ma-  °^  education, 
jority  vote  of  the  full  membership  of  each  of  said  boards, 
unite    said   districts   for   high   .school   purposes   and   each 


72 


OHIO    ELECTION    LAWS. 


Question  of 
ta>-  levy  for 
such  purpose 
must  be  sub- 
mitted to  vote. 


When  vote  not 
necessary. 


Sucll    high 
school    shall 
be  under  con- 
trol   of    board 
of      education 
of    district    in 
which  school- 
house   is   lo- 
cated. 


How    funds 
provided. 


board  may  submit  the  question  of  levying  a  tax  on  the 
property  in  their  respective  districts,  for  the  purpose  of 
purchasing  a  site  and  erecting  a  building,  and  may  issue 
bonds,  as  is  provided  for  in  section  thirty-nine  hundred 
and  [ninety-one,]  sixty-one,  thirty-nine  hundred  and 
[ninety-two]  sixty-two  and  thirty-nine  hundred  and 
[ninety-three]  sixty-three  of  the  Revised  Statutes  of  Ohio, 
but  said  question  of  tax  levy  must  carry  in  both  ~  districts 
!3€fore  it.  shall  become  operative  in  either.  If  said  boards 
of  education  have  sufficient  money  in  the  treasury  to  pur- 
chase said  site  and  erect  said  building,  or  if  there  is  a  suit- 
able building  in  either  district  owned  by  the'  board  of  edu- 
cation that  can  be  used  for  a  high  school  building,  it  shall 
not  be  necessary  to  submit  the  proposition  to  a  vote,  and 
the  boards  are  authorized  to  appropriate  money  from  their 
funds  for  this  purpose.  Any  high  school  so  established 
rhall  be  under  the  management  of  the  board  of  education 
of  the  district  in  which  the  school  house  is  located,  and 
shall  be  free  to  all  youth  of  school  age  within  both 
districts,  subject  to  such  rules  and  regulations  as  may  be 
adopted  by  the  board  of  education  having  control  of  the 
school  in  regard  to  the  qualifications  in  scholarship  requisite 
for  admission,  such  rules  and  regulations  to  be  of  uniform 
operation  throughout  both  districts.  The  funds  for  the 
maintenance  and  support  of  such  high  school  shall  be  pro- 
vided by  appropriations  from  the  tuition  or  contingent  funds, 
or  both,  of  each  district,  in  proportion  to  the  total  valu- 
ation of  property  in  the  respective  districts,  the  same  to  be 
placed  in  a  separate  fund  in  the  treasury  of  the  board  of 
education  having  control  of  the  school  and  paid  out  by 
action  of  said  board,  but  only  for  the  purposes  of  maintain- 
ing said  school.     [97  v.   359.] 


OHIO    ELECTION    LAWS. 


73 


^  TURNPIKES. 

Sec.  4763.  The  commissioner  shall  not  levy  any  gen- 
eral tax,  nor  appropriate  any  money,  except  so  far  as  may 
be  necessary  to  pay  the  expense  of  preliminary  surveys 
already  commenced,  or  any  other  liabilities  already  incurred, 
to  be  expended  in  the  construction  of  such  turnpikes,  with- 
out first  submitting  to  the  qualified  voters  of  the  county  the 
question  as  to  the  policy  of  constructing  such  roads  by  gen- 
eral tax,  which  submission  shall  be  made  at  any  annual 
spring  or  fall  election ;  and  the  commissioners  shall  cause 
public  notice  of  such  vote  to  be  given  by  publication  in  all 
the  newspapers  printed  and  of  general  circulation  in  the 
county,  and  also  by  causing  handbills  to  be  posted  up,  at 
the  usual  place  of  holding  election,  in  each  township  and 
ward  throughout  the  county  at  least  fifteen  days  prior  to 
such  election ;  provided,  that  in  any  county  in  which  such 
question  has  heretofore  been  submitted,  under  the  authority 
of  an  act  entitled  "An  act  to  authorize  county  commissioners 
to  locate  and  construct  turnpike  roads,"  passed  April  30, 
1869,  and  acts  amendatory  thereto,  and  in  Vv-hich,  at  such 
election,  the  majority  of  the  votes  cast  v/ere  in  favor  of  such 
policy,  no  vote  shall  again  be  required  to  authorize  the  com- 
missioners to  continue  such  tax  and  improve  roads  as  pro- 
vided for  in  this  chapter,     [yy  v.  161.] 

Sec.  4764.  The  judges  of  such  election  in  the  several 
townships  and  wards  in  any  county  in  which  such  question 
is  submitted,  and  such  notice  given,  as  aforesaid,  shall  open 
a  poll  for  taking  such  vote,  receive  and  count  the  ballots 
cast,  and  within  three  days  thereafter  return  to  the  auditor 
of  the  county  a  full  and  correct  abstract  of  the  votes,  and 
shall  in  all  respects  be  governed  by  the  laws  regulating  gen- 
eral elections,  and  be  entitled  to  the  same  compensation  for 
returning  the  poll-books,  which  shall  be  paid  out  of  the 
county  treasury  on  the  order  of  the  auditor ;  and  the  poll- 
books  so  returned  shall,  within  five  days  from  the  day  of 
holding  such  election,  be  opened,  and  the  votes  counted  by 
the  commissioners  and  auditor  of  the  county,  and  a  correct 
statement  of  the  result  shall  be  kept  by  the  auditor  on  file 
in  h'is  office  for  public  inspection.     [67  v.  9,  §  2.] 

Sec.  4765.  If  at  such  election  a  majority  of  the  votes 
so  cast  be  against  the  policy  of  constructing  such  turnpikes, 
the  commissioners  shall  not  assess  any  tax  for  that  purpose, 
but  they  may,  on  petition  of  not  less  than  one  hundred  tax- 
payers of  the  county,  again  submit  the  same  question  at  any 
regular  annual  election,  either  in  the  spring  or  fall,  to  the 
qualified  voters  of  the  county,  notice  of  which  shall  be  given 
and  the  election  conducted  in  all  respects  in  the  manner 
prescribed  in  the  two  preceding  section^.      [67  v.  9,  §  3.] 


Questions    of 
general   tax 
for    turnpikes 
,  must   be   sub- 
mitted  to 
electors. 


Conduct  of 
the    election. 


Question  may 
be  again  sub- 
mitted. 


74 


OHIO    ELECTION    LAWS. 


lifFect   of  an 

affirmative 

vote. 


Villages   may 
assist   in   con- 
structing 
svicli    roads. 

May    issue 
bonds. 


Tax  to  be  sub- 
mitted   to 
electors. 


Sec.  4766.  If  at  any  such  election  a  majority  be  found 
in  favor  of  the  construction  of  such  turnpikes,  the  commis- 
sioners may  proceed  to  levy  taxes,  issue  bonds,  and  appro- 
priate and  expend  money  in  the  construction  of  such  turn- 
pike roads,  as  in  their  judgment  may  be  necessary  to  the 
public  convenience  and  promotive  of  the  public  interest. 

Sec.  4823.  Councils  of  villages  are  authorized  to  levy 
a  tax  to  construct  free  turnpike  roads,  or  a  part  thereof,  in 
counties  wherein  such  villages  are  situated,  and  terminating 
or  running  through  such  villages,  and  for  this  purpose  such 
councils  are'  authorized  to  issue  the  bonds  of  the  villages, 
payable  with  legal  interest  at  such  times  as  the  councils, 
may  deem  advisable,  and  such  bonds  shall  not  be  sold  for 
less  than  their  par  value.      [64  v.  54,  §  2 ;  64  v.  109,  §  i.J 

Sec.  4824.  For  the  purpose  of  paying  such  bonds,  and 
the  interest  thereon,  as  the  same  become  due,  the  councils 
are  authorized  to  levy  a  tax  upon  the  taxable  property  of 
such  villages  sufficient  for  the  purpose,  not  exceeding  five 
mills  on  the  dollar  in  any  year;  but  such  tax  shall  in  no 
case  be  levied,  nor  shall  such  bonds  be  issued,  until  at  some 
regular  election,  held  in  such  villages,  the  majority  of  the 
qualified  electors  thereof  approve  the  tax ;  and  in  case  the 
amount  to  be  appropriated  for  any  one  road  does  not  ex- 
ceed the  sum  of  five  hundred  dollars,  the  councils  may  ap- 
propriate and  apply  the  same  in  money  for  said  road  im- 
provement, out  of  any  money  on  hand,  or  funds  not  other- 
wise appropriated,  without  issuing  bonds  or  levying  a  tax, 
such  appropriation  to  be  made  by  an  ordinance  passed  for 
the  purpose,  specifying  particularly  the  amount,  and  for 
what  road  appropriated.     [72  v.  83,  §  3.] 


OHIO   ELECTION    LAWS. 


7& 


ELECTION'  PRECINCTS. 

Sec.  2923.  Each  township,  exckisive  of  the  territory 
embraced  within  the  Hmits  of  a  municipal  corporation,  shall 
compose  an  election  precinct,  imless  such  township  is  divided 
according^  to  law.  into  precincts.  Each  municipal  corpora- 
tion containing  fifty  or  more  voters,  shall  also  compose 
an  election  precinct,  unless  such  corporation  is  divided, 
according  to  lav*-,  mto  precincts ;  but  if  such  municipal  cor- 
poration is  situated  in  two  or  more  townships,  the  territory 
of  such  corporation  situated  in  such  townships  together  with 
the  territory  attached  thereto  for  voting  purposes,  shall  con- 
stitute at  least  one  election  precinct,  provided  that  territory  , 
annexed  to  a  village  for  school  purposes  may  be  included 
within  a  village  precinct  if  the  deputy  state  supervisors  are 
of  the  opinion  the  same  is  practicable  and  most  convenient 
to  the  voters.  Each  ward  of  every  city  shall  compose  one 
election  precinct,  unless  such  ward  is  divided,  according  to 
law,  into  precincts.  Elections  shall  be  held  for  every  town- 
ship precinct  at  such  place  within  the  township  as  the  trus- 
tees thereof  shall  determine  to  be  most  convenient  of  access 
for  the  voters  of  such  precinct,  and  for  each  municipal,  or 
ward  precinct,  at  such  place  as  the  council  of  the  corporation 
shall  designate.  Provided  that  in  registration  'cities,  the 
deputy  state  supervisors  of  election  shall  designate  such 
place  of  holding  election  in  each  precinct.      [98  O.  L.  234.] 

The  polling  place  of  a  village  precinct  should  not  be  within 
the  same  room  as  that  selected  by  the  township  as  a  township 
polling  place.  Under  the  present  law  it  is  necessary  to  have  sepa- 
rate ballots  and  ballot  boxes  with  separate  judges  of  election  for 
each  votirg  precinct,  and  it  would  not  be  proper  for  two  sets  of 
officers  to  conduct  an  election  within  the  same  polling  place. 
2-21-06. 

Sec.  2966-15.  In  all  municipalities  where  registration 
is  not  required,  and  in  townships,  when  four  hundred  votes 
or  more  have  been  cast  at  the  last  preceding  November 
election  in  any  ward  or  township,  or  in  any  precinct  therein, 
such  ward,  township  or  election  precinct  may,  or,  when  a 
majority  of  the  voters  petition  therefor,  shall  be  divided  by 
the  deputy  state  supervisor,  as  hereinafter  provided,  into 
two  or  more  election  precincts,  so  as  to  limit  the  number  of 
voters  in  each  ward  or  precinct  to  two  hundred,  as  nearly 
as  may  be  practicable ;  and  from  time  to  time,  any  or  all  of 
such  precincts  may  be  rearranged,  subdivided,  or  combined 
as  often  as  may  be  deemed  necessary  or  the  convenience  of 
th  electors  and  the  prompt  and  correct  conduct  of  the  elec- 
tions may  require,  provided  that  no  precinct  hereafter  cre- 
ated shall  contain  less  than  one  hundred  and  fifty  voters ; 
except^ that  a  municipality  containing  fifty  or  more  voters 
shall  compare  at  least  one  votino-  precinct  as  provided  in 
section  2923  herein,  and  in  a  municipality  situated  in  two  or 
more  townships,  the  part  thereof  in  each  township  shall 
compose  at  least  one  voting  precinct  if  there  are  fifty  or 


Election    pre- 
cincts :    how 
composed. 


Division    of 
wards,    town- 
ships   or    pre- 
cincts. 


Rearrange- 
ment,  subdi- 
vision or  com- 
bination of 
such    precincts. 


Precincts  shall 
contain    at 
least  one 
hundred  and 
fifty  voters; 
exception. 


76 


OHIO    ELECTION    LAWS. 


Notice  of  pro- 
posed change. 


Hearing  and 
determination 
of   question. 


Precincts    in 
re^stration 


Election  of 
assessors. 


Election   pre- 
cincts  in 
cities    in 
which  regis- 
tration   is    re- 
quired. . 


more  voters  therein.  At  least  thirty  days  previous  to  any 
election  the  officers  above  named  shall  give  ten  days'  notice, 
by  publication  in  two  papers  of  opposite  politics  published 
in  the  county,  that  the  question  whether  the  township,  ward 
or  precinct,  or  precincts,  shall  be  divided,  changed  or  com- 
l>ined,  will  be  considered  on  a  day  named  in  said  notice.  Qn 
said  day,  or  some  subsequent  day  to  which  the  matter  may 
he  adjourned,  the  question  of  dividing,  changing  or  combin- 
ing said  precinct  shall  be  heard,  and  if  there  are  no  remon- 
strances against  said  division,  change  or  combination,  they 
shall  declare  the  same,  and  the  precincts  so  established ; 
but  if  any  twelve  electors  of  such  precinct  remonstrate 
against  such  division,  change  or  combination,  the  matter 
shall  be  heard  and  determined,  and  such  order  made  for 
or  against  such  division,  change  or  combination  as  is 
deemed  proper ;  provided,  that  nothing  in  this  section  shall 
be  construed  to  affect  the  power  and  duties  of  boards  of 
deputy  state  supervisors  in  reference  to  the  ■  division  of 
election  precincts  within  such  cities  as  provided  in  section 
2926  of  the  Revised  Statutes ;  provided,  further,  that  the 
division  of  any  election  precinct  into  two  or  more  subdivi- 
sions, as  herein  provided,  shall  not  be  construed  as  requir- 
ing the  election  of  an  assessor  in  each  such  subdivision, 
but  in  all  such  election  precincts  subdivided  as  aforesaid 
there  shall  be  elected  one  assessor  for  each  original  pre- 
cinct unless  the  deputy  state  supervisors,  at  the  time  of 
the  division,  shall  order  that  an  assessor  be  elected  in  each 
precinct.      [97  v.  225.] 

Where  the  board  of  deputy  state  supervisors  has  divided  a 
precinct  in  accordance  with  law,  the  presiding  judge  in  each  of 
the  precincts  should  be  from  the  dominant  party  in  the  whole  pre- 
cinct as  determined  by  the  vote  in  such  precinct  at  the  next  pre- 
ceding   November    election.     L.    10-15-01. 

The  deputy  state  supervisors  of  a  county  have  no  authority 
to  divide  a  township  into  two  or  more  election  precincts  unless 
400  votes  or  more  are  cast  therein  at  the  last  preceding  November 
election.     L.    10-19-06. 

Sec.  2926.  In  cities  in  which  registration  is  required 
IS  hereinafter  provided  Vvhen  five  hundred  votes  or  more 
■^ave  been  cast  at  the  last  preceding  election  in  any  ward, 
;r  in  any  precinct  in  any  ward,  such  ward  or  election  pre- 
cinct shall  l>e  divided  by  the  board  of  deputy  state  super- 
visors of  elections  of  the  county,  hereinafter  provided  for, 
into  two  or  more  election  precincts,  so  as  to  limit  the 
number  of  votes  in  each  ward  of  precinct  to  two  hundred 
and  fifty,  as  nearly  as  may  be  practicable.  And  from 
time  to  time  thereafter  the  said  board  shall  rearrange, 
subdivide  or  combine  prccin^-ts,  as  often  as  it,  may  deem 
such  action  necessary  to  secure  the  convenience  of  elec- 
tors and  the  prompt  and  correct  conduct  of  elections ;  but 
no  such  precinct  hereafter  created  shall  contain  less  than 
two  hundred  votes.     [97  v.  192.] 

As  to  leHslative  power  to  require  registration,  see  Dagget  v. 
Hudson  43  O.   S.  548. 


OHIO    ELECTION    LAWS.  77 


SUPERVISORY  ELECTION  LAWS. 

(2966-1.)     Sec.  I.     There  is  hereby  ereated  the  offices    state  super- 
of    state   supervisor   of  elections,   state    supervisor   and   in-    l^^nl,  "state*^^" 
spector  of  elections,  deputy   state  supervisors  of  elections,    supervisor  and 

'^    .      ,  ^  ^  .   ■'  .     .  ^  ri^-  inspector  of 

and   deputy   state   supervisors   and   inspectors   oi    elections,    elections, 
with  the  powers  and  duties  hereinafter  prescribed,  for  the    fuS^rviso^rs*^ 
conduct  and  supervision  of  the  registration  of  electors,  and    and  deputy 

,,.,.*,.  ^  ,  .  .  ,     ,    ,         state   super- 

ot  elections  in  this  state, .  except  as  otherwise  provided  bv    visors  and  in- 

law.        [97     V.     218.]  <  '       Sons.°' 

Tlic  deputy  state  supervisors  are  not  constituted  a  board,  or 
corporate  body  by  the  statute,  but  each  one  acts  simply .  as  a 
deputy  state  supervisor,  and  in  case  of  Htigation  the  action  should 
be  against  him  in  that  capacity,  and  he  may  prosecute  an  error, 
even   though  the  others   refuse  to  join  with   him. 

Randall  et  al.  v.  State  Ex  rel:  Hunter  et  al.  04  O.  S.  57. 

The  decision  of  the  state  supervisor  of  clcctiurs  as  to  mat- 
ters in  controversy  submitted  to  him  by  the  deputy  state  super- 
visor, is  final.  It  is  the  duty  of  said  deputy  state  supervisors  to 
obey  such  decision  of  the  state  supervisor  of  elections,  and  it  is 
error  for  a  court,  by  mandamus  or  otherwise,  to  order  such  deputy 
state  suoervisors  to  perform  an  act  contrary  to  such  decision  01 
the  state  supervisor  of  elections. 

Randall  et  al.   v.   State  Ex  rel.   Hunter,  64   O.    S.   57. 

A  court  of  equity  will  not  enjoin  a  board  of  elections  from 
proceeding  in  the  exercise  of  its  powers  pn  the  ground  that  such 
proceedings  are  irregular  or  illegal,  where  it  does  not  appear  that 
they  will  involve  any  expenditure  of  the  public  funds. 

Columbus  V.  City  Board  of  Elections,  13  O.  D.  452. 

As  to  powers  of  board  of  elections  to  employ  legal  counsel 
see  State  Ex  rel.   v.   Boyden,   10  O.   C.   D.   137. 

Under  this  provision  it  is  the  duty  of  the  state  supervisor, 
when  he  has  reason  to  believe  that  the  law  has  been  violated 
in  any  particular  locality,  to  order  the  deputy  state  supervisors 
to  make  an  investigation,  and  the  deputy  supervisors  not  only  have 
the  power,  but  it  is  also  their  dutv.  when  so  ordered,  to  make  the 
in\  cstigation.     T.   11-20-93. 

The  state  supervisor  or  the  deputy  state  supervisors  have  no 
duties  to  perform  until  after  the  election  has  been  ordered  by  the 
properly  constituted  authorities.     T.  9-19-94. 

Under  Sec.  891a  the  commissioners  of  a  county  may  receive, 
or  rfccept  a  gift  ,or  bequest  for  library  purposes,  but  there  is  no 
provision  to  submit  to  a  vote  of  the  people,  the  question  of  such 
acceptance,  and  the  board  of  deputy  suoervisors  of  elections  have 
no  authority  to  do  so.     L.   10-12-06. 

The  board  of  deputy  state  supervisors  of  a  county  have  no 
authority  to  submit  a  question  to  a  vote  of  the  people  of  such 
county  at  the  November  election,  unless  such  question  is  author- 
ized by  law  to  be  so  submitted.     L.  10-15-06. 

(2966-2.)      Sec.  2.     By  virtue  of  his  office  the  secrc-    state  super- 
tarv  of  state  shall  be  the  state  supervisor  of  elections,  anc'    X'^*""  ^*  e'^<^- 

,1",,  •  I-  ifi,-  1-,        tions  and  st.nte 

the  State  supervisor  and  inspector  of  elections,  and  in  ad   ,  supervisor  and 
dition  to  the  duties  now  imposed  upon  him  by  law,  shal'    ekctlon"'^  °^ 
perform  the  duties  of  such  offices  as  defined  herein.      [97 
V.  218.] 

Courts  can  not  by  injunction  interfere  with  public  elections. 
An  election  by  the  voters  of  certain  territory  in  the  township  which 


OHIO    ELECTION    LAWS. 


Appointments, 
qualifications 
and  term  of 
deputy    state 
supervisors. 


Vacancies. 


Recommen- 
dation by 
party   execu- 
tive   commit- 
tees. 

Determina- 
tion of  right- 
ful  executive 
committee 
when   recom- 
mendation 
is  made  by 
more  than  one 
■committee, 
each   claiming 
to  be  rightful. 


it  is  proposed  to  incorporate  as  a  hamlet  can  not  therefore  be  in- 
terfered  with   by   injunction. 

Lawrence  v.  Mitchell  8  N.   P.  8. 

It  is  not  the  duty  of  the  Secretary  of  State  to  render  opinions 
as  to  every  election  complication  that  arises,  but  only  to  advise 
the  deputy  state  supervisors  as  to  the  proper  method  of  conduct- 
ing elections  after  they- have  been  called.     T.  4-25-94. 

(2966-3.)  Sec.  3.  On  or  before  the  first  Monday  in 
August,  1892,  such  state  supervisor  shall  appoint  four 
deputy  state  supervisors  for  each  county  in  this  state,  who 
shall  be  qualified  electors  of  the  county  for  which  appointed. 
For  the  first  appointment,  two  members  shall  be  appointed 
for  a  term  of  one  year,  and  two  for  a  term  of  two  years 
from  the  first  Monday  in  August,  1892.  One  member  so 
appointed  for  one  year  and  one  for  two  years,  shall  be  from 
the  political  party  which  cast  the  highest  number  of  votes  at 
the  last  preceding  November  election  for  governor  or  sec- 
retary of  state.  The  other  two  members  shall  be  appointed 
from  the  political  party  which  cast  the  next  highest  num- 
ber of  votes  for  such  officer  at  said  November  election. 
Thereafter  except  in  counties  containing  cities  wherein  an- 
nual general  registration  of  electors  is  required  by  this  act, 
appointments  shall  be  made  annually  for  two  deputy  state 
siipervisors  for  each  county  for  the  term  of  two  years,  which 
appointments  shall  be  made  from  two  political  parties  which 
cast  the  highest  and  next  highest  number  of  votes  at  the  last 
preceding  November  election  for  governor  or  secretary  of 
state.  All  vacancies  shall  be  filled  and  all  appointments  to 
new  terms  made  from  the  political  party  to  which  the  vacat- 
ing or  outgoing  member  belongs,  unless  there  be  a  third 
political  party  which  cast  a  greater  number  of  votes  in  this 
state  than  did  the  party  to  which  the  retiring  member  be- 
longed, at  the  next  preceding  November  election  in  which 
event  the  vacancy  shall  be  filled  from  such  third  party.  Pro- 
vided, that  if  the  executive  committees  of  the  two  political 
parties  in  the  county  casting  the  highest  and  next  highest 
ntmiber  of  votes  in  this  state  at  the  last  preceding  November 
election,  recommend  qualified  persons  to  the  state  supervi- 
sor at  least  fifteen  days  before  the  first  day  of  August,  then 
the  state  supervisor  shall  appoint  the  persons  so  recom- 
-r ended  to  the  number  to  which  such  party  is  entitled;  pro- 
vided, whenever  recommendations  are  made  to  the  state 
s  i.pervisor  of  elections  for  appointment  to  new  terms  or  to 
fill  vacancies  in  the  office  of  deputy  state  supervisor  of  elec- 
tions, or  deputy  state  supervisors  and  inspectors  of  elec- 
tions, by  more  than  one  committee  each  claiming  to  be  the 
rightful  executive  committee  of  a  political  party  entitled  to 
recommend  qualified  persons  for  appointment  on  such 
boards,  the  state  supervisors  of  elections  shall,  before  mak- 
ing any  such  appointment,  notify  the  chairman  of  the  state 
central  committee  of  the  political  party  entitled  to  such  ap- 
pointment or  appointments,  and  shall  recognize  that  com- 


OHIO   ELECTION    LAWS. 


79 


mittee  as  the  rightfvil  executiv^e  committee  which  said  state 
central  committee  shall  certify  to  be  the  rightful  committee 
of  said  party;  provided,  however,  that  if,  such  committee 
shall  fail  to  make  such  certification  for  ten  days  from  the 
giving  of  such  notice,  then  the  state  supervisor  of  elections 
shall  determine  which  of  said  disputing  bodies  or  com- 
mittees is  the  rightful  committee  of  such  party  arid  shall 
make  the  appointment  or  appointments  agreeable  to  the 
provisions  of  this  section. 

Whenever  a  vacancy  occurs  in  the  membership  of  any  Vacancies, 
board  of  deputy  state  supervisors  of  elections  or  deputy 
state  supervisors  and  inspectors  of  elections,  if  within  five 
days  after  such  vacancy  occurs  the  executive  committee  of 
the  party  entitled  to  the  appointment  to  fill  such  vacancy 
recommends  a  qualified  person  to  the  state  supervisors  of 
elections,  he  shall  appoint  such  person  to  fill  such  vacancy 
for  the  unexpired  term ;  but  if  no  such  recommendations  are 
made,  the  state  supervisor  shall  make  the  appointment  agree- 
able to  the  provisions  herein  contained.  Any  deputy  state  Removals, 
supervisor  may  be  removed  by  the  state  supervisor  for  mis- 
feasance or  malfeasance  in  office  or  other  good  and  suffi- 
cient cause,  and  if,  in  filling  vacancies  caused  by  removals, 
no  person  or  persons  belonging  to  the  political  party  as  the 
person  or  persons  removed,  can  be  induced  to  accept  such 
appointment,  then  the  vacancies  can  be  filled  by  appoint- 
ments from  any  other  political  party. 

On  or  before  the  first  day  of  May,  1904,  the  state  super- 
visor   and    the  inspector    of    elections    shall    appoint    four 
deputy  state  supervisor-s  and  inspectors  of  elections,  in  each    terms  of  wy 
county  in  the  state  which  contains  a  city  wherein  annual    pcrvisors  and 
general  registration  of  electors  is  required  by  this  act,  who   '"^p^'^to'^^- 
shall  be  qualified  electors  of  the  county  for  which  they  are 
appointed. 

For  the  first  appointments,  two  members  shall  be  ap- 
pointed for  the  term  of  two  years,  and  two  for  the  term  of 
four  years,  from  the  first  day  of  May,  1904.  One  member 
so  appointed  for  two  years,  and  one  for  four  years,  shall 
be  from  the  political  party  which  cast  the  highest  number 
of  votes  at  the  last  preceding  November  election  for  gover- 
nor or  secretary  of  state ;  the  other  two  members  shall  be 
appointed  from  the  political  party  which  cast  the  next 
highest  number  of  votes  for  such  officer  at  said  November 
election. 

Thereafter,  appointments  shall  be  made  biennial  [bi- 
ennially] for  two  deputy  state  supervisors  and  inspectors 
of  elections  for  each  such  county,  for  the  term  of  four 
years  which  appointment  shall  be  from  the  two  political 
parties  which  cast  the  highest  and  the  next  highest  number 
of  votes  at  the  last  preceding  November  election  for  gover- 
nor or  secretary  of  state.  All  vacancies  shall  be  filled  and  vacancies, 
all  appointments  to  new  terms  made  from  the  political  party 


Ai)point- 
ments.    i|ii;i'i- 
fications   an. I 


80 


OHIO    ELECTION    LAWS. 


Recommenda- 
tions   by 
part}'    execu- 
tive   commit- 
tees. 


Powers  and 
duties  of  state 
supsrvisor 
^and    inspector 
of   elections 
and    deputy 
state   supervi- 
sors   and   in- 
spectors   of 
elections. 


Deputy   clerk; 
compensation. 


Organization 
and  selection 
of  clsrk  and 
deputy   clerk. 


to  which  the  vacating  or  outgoing  member  belongs,  unless 
there  be  a  third  political  party  which  cast  a  greater  number 
of  votes  in  this  state  at  the  next  preceding  November  elec- 
tion than  did  the  party  to  which  the  retiring  member  be- 
longed, in  which  event  the  vacancy  shall  be  filled  from  such 
third  party.  Provided,  that  if  the  executive  committees 
of  the  tvvO  political  parties  in  the  county  casting  the  highest 
and  the  next  highest  number  of  votes  in  this  state  at  the 
last  preceding  November  election,  recommend  qualified  per- 
sons to  the  state  supervisor  and  inspector  of  elections  at 
least  five  days  before  the  first  day  of  May,  then  the  state 
supervisor  and  inspector  shall  appoint  the  persons  so  recom- 
mended to  the  number  to  which  such  party  is  entitled ;  but 
if  no  such  recommendation  is  made,  the  state  supervisor  and 
inspector  shall  make  the  appointments  agreeble  to  the 
provisions  herein  contained. 

The  state  supervisor  and  inspector  of  elections  and  the 
deputy  state  supervisors  and  inspectors  of  elections  shall 
have,  in  addition  to  the  powers  and  duties  conferred  upon 
them  for  the  mvestigation  and  prosecution  of  offenses 
against  the  registration  and  election  laws  of  this  state,  all 
the  rights,  pov/ers  and  duties  conferred  and  imposed  by  law 
upon  the  state  supervisor  of  elections,  and  the  deputy  state 
supervisors  of  elections ;  and  except  where  otherwise  ex- 
pressly provided  the  term  "state  supervisor"  shall  be  taken 
to  apply  to  the  state  supervisor  and  inspector  equally  with 
the  state  supervisor,  and  the  terms  "deputy  state  supervisor" 
and  "deputy  state  supervisors"  shall  be  taken  to  apply  to 
deputy  state  supervisors  and  inspectors  of  elections  equally 
with  deputy  state  supervisors  of  elections,  and  the  terrii 
"clerk"  shall  be  taken  to  apply  to  the  clerk  of  the  board  of 
deputy  state  supervisors  and  inspectors  of  elections  equally 
with  the  clerk  of  the  board  of  deputy  state  supervisors  of 
elections.  ^' 

The  board  of  deputy  state  supervisors  and  inspectors 
of  elections  shall  also  appoint  a  deputy  clerk  who  shall  per- 
form such  duties  and'  receive  such  compensation,  not  ex- 
ceeding one  hundred  and  fifty  dollars  per  month,  as  shall 
be  determined  by  the  board. 

The  deputy  state  supervisors  and  inspectors  of  elections 
shall,  within  five  days  after  this  appointment,  and  biennially 
thereafter  meet  and  organize  by  selecting  one  of  their  num- 
ber as  chief  deputy,  who  shall  preside  at  all  meetings,  and 
two  resident  electors  of  the  county,  other  than  members  of 
the  board;  as  clerk  and  deputy  clerk  respectively,  all  of  which 
officers  shall  continue  in  office  for  two  years.  The 
balloting  for  such  officers  shall  commence  at  or  before  one 
o'clock  p.  m.  of  the  day^of  the  convening,  and  at  least  one 
ballot  shall  be  taken  every  twenty  minutes  until  such  organi- 
zation is  eflfected,  or  five  ballots  have  been  cast  as  herein- 
after provided. 


OHIO   ELECTION    LAWS.  81 

The  clerk  shall  first  be  selected  by  the  votes  of  at  least 
three  members,  and  if,  after  five  ballots,  no  person  shall  be 
agreed  upon  as  clerk,  the  names  of  all  persons  so  voted  for 
on  such  fifth  ballot,  together  with  the  names  of  the  deputies 
who  nominated  them,  shall  be  certified  to  the  state  super- 
visor and  inspector  of  elections,  who  shall  designate  there- 
from one  of  such  persons  to  serve  as  clerk,  and  another  such 
person  to  serve  as  deputy  clerk.  The  clerk  and  deputy 
clerk  shall  be  of  opposite  political  *  parties,  and  each  such 
officer  shall  have  been  nominated  by  a  deputy  state  super- 
visor and  inspector  of  the  political  party  to  which  he  belongs. 

After  the  selection  of  the  clerk,  the  chief  deputy  shall    s.^.'"*'^"  °* 
be  selected  from  the  deputies  of  opposite  politics  to  that  of   '^  '*"      ^^^  ^' 
the  clerk,  and  if  upon  the  first  ballot  no  person  shall  be 
agreed  upon  as  chief  deputy,  the  deputy  of  opposite  politics 
to  the  clerk  and  having  the  shortest  term  to  serve  shall  be 
and  act  as  chief  deputy,  presiding  at  all  meetings.     When    Report  of 
such   organization   is   perfected,   the   clerk   shall    forthwith    °'"8a'"^=»t'<"*- 
report  the  same  to  the  state  supervisor  and  inspector  of 
elections.     All  vacancies  in  the  office  of  chief  deputy  clerk, 
and  deputy  clerk,  shall  be  filled  in  the  same  manner  as  or- 
iginal selections  are  made  and  by  persons  belonging  to  the 
same  political  party  as  that  to  which  the  outgoing  officer 
belonged.    The  clerk,  or  deputy  clerk,  may  be  removed  by 
the  state  supervisor  and  inspector,  or  by  the  deputy  state 
supervisors  and  inspectors,  for  any  violation  or  neglect  of 
duty,  or  other  good  and  sufficient  cause.     [98  O.  L.  288.] 

By  section  2966-3,  of  the  Revised  Statutes,  the  state  super- 
visor of  election  was  required,  on  or  before  the  first  Monday  in 
August,  1892,  to  appoint  deputy  state  supervisors  of  election  for 
the  term  of  one  and  two  years  from  that  date,  as  therein  provided; 
and,  as  the  first  Monday  in  August  of  the  year  was  the  first  day 
of  the  month,  that  becarne  the  day  of  the  month  for  the  beginning 
of  the  terms  of  subsequent  appointees,  and  on  or  before  which  such 
subsequent  appointments  should  be  made. 

State  Ex  rel.  Culbert  v.  Kinney,  Secretary,  63  O.  S.  304. 

When  a  recommendation  for  the  appointment  of  a  qualified 
person  as  deputy  state  supervisors  of  elections,  signed  by  the  chair- 
man, secretary  and  members  of  the  county  executive  committee  of 
a  political  party  that  at  the  present  November  election  cast  the 
highest  number  of  votes  for  governor  or  secretary  of  state,  is 
placed  on  file  with  the  state  supervisor  of  elections,  within  the  re- 
quired time,  it  is  his  duty  to  appoint  the  person  so  recommended. 
State  Ex  rel.  Culbert  v.  Kinney,  Secretary,  63  O.  S.  304. 

Mandamus  is  the  proper  remedy  to  enforce  the  performance 
of  that  duty. 

State  Ex  rel.   Culbert  v.   Kinney,   Secretary,  63  O.   S. 
304. 

As  to  county  boards  of  elections  —  Who  eligible  to  appointment 
on  —  Duty  of  Probate  Judge  in  respect  of. 

State  Ex  rel.   v.   Finger,  48   O.   S.  505. 

The   Deputy   State    Supervisors   of   Elections   are   not  officers 
within  the   legal  definition  of  that  term,  and,   though  their  juris- 
diction  may  be    co-terminous    with    that   of   the   county,    they    are 
6      E  L 


«2 


OHIO    ELECTION    LAWS. 

-not    county    officers,    and,    therefore,    Sec.    "2966-3    R.    S.    does    not 
violate  Sec.  1  of  Art.  10  of  the  Constitution. 

State  Ex  rel,  Vail  v.  Craig,  8  N.   P.   148. 

The  deputy  siipervisors  of  election  of  the  county  have  the 
power  to  decide  questions  of  substance,  as  well  as  form.  Ques- 
tions that  arise  in  the  ''course  of  the  nomination"  of  candidates, 
including  those  which  arose  before,  as  well  as  after,  the  certifi- 
cates of  nomination  are  made  by  the  •  proper  persons.  Their  de- 
cision of  such  questions  is  final. 

Gregg  V.    Rogers,    1    N.    P.    117. 

The  question  what  constitutes  an  "Executive  Committee"  witii- 
in  the  meaning  of  the  election  laws  must  be  determined  by  the 
usages  and  custom  of  the  party  of  the  county.  Where  a  county 
central  committee  exercises  full  control  arid  management  of  the 
political  affairs  of  the  county  and  has  not  conferred  such  authority 
upon  an  executive  committee,  then  the  central  committee  would 
be  authorized  to  make  such  recommendation.  But  if  the  central 
committee  has  duly  appointed  an  executive  committee  with  power 
to  act  in  the  management '  and  control  of  the  political  affairs  of 
the  county  until  the  creation  of  a  new  committee,  such  executive 
committee  would  have  authority  to  make  such  recommendation. 
L.   7-9-06. 

While  the  statutes  governi'ng  the  conduct  of  elections  refer 
to  the  "Executive  Committee"  of  a  political  party,  such  statutes 
do  not  define  the  manner  in  which  a  political  party  shall  elect  such 
committee.  In  such  case  it  is  proper  to  consider  the  custom  and 
usage-  of  such  party  in  the  selection'  of  its  controlling  committees. 
I  am,  however,  clearly  of  the  opinion  that  the  county  central  com- 
mittee of  a  political  party  is  tlie  only  body  having  authority  to 
appoint  an  executive  committee.  Failing  to  make  such  appoint- 
ment the  central  committee  itself  becomes  the  executive  committee 
within  the  meaning  of  the  laws  above  referred  to.     L.  10-3-06. 

When  the  state  central  committee  of  a  political  party  has 
determined  which  of  two  rival  county  committees  is  the '  "rightful 
executive  committee"  of  such  party  under  the  provisions  of  this 
section,  it  is  the  duty  of  the  state  supervisor  of  elections,  and 
the  county  board  of  deputy  state  supervisors  to  recognize  such 
executive  committee  in  all  matters  where  the  county  exectitive 
committee  of  such  party  is  authorized  to  act.     L.  8-27-06. 

The  members  of  a  county  central  committee  of  a  political 
party  should  be  chosen  at  a  primary  or  county  convention  for  the 
nomination  of  county  officers  or  delegates,  in  an  even  numbered 
year,  when  county  officers  are  to  be  elected.  In  like  manner  town- 
ship committees  should  be  chosen  at  a  primary  election,  caucus  or 
convention  of  township  officers.     L.  9-7-06. 

The  term  of  the  clerk  like  the  newly  appointed  members  of 
the  board  begins  on  August  1st  and  extends  for  one  year.  Where 
the  board  fails  to  organize  until  a  later  date  the  old  clerk  holds 
over,  and  the  term  of  the  new  clerk  is  shortened  to  that  extent. 
L.  8-13-06. 

Temporary  removal  from  a  county,  by  a  deputy  supervisor, 
with  intention  of  returning,  as  soon  as  the  reason  for  such  tem- 
porary removal  ceases,  does  not  disqualify,  if  such  removal  does 
not  prevent  him  from  discharging  his  official  duties  as  such  deputy 
supervisor.     L.  10-31-06. 

Charges  ■  against  any  deputy  state  supervisor,  for  misfeasance 
or  malfeasance  in  office  may  be  preferred  by  any  elector;  charges 
that  he  has  ceased  to  act  with  his  political  party,  or  does  not  rep- 
resent its  interest  may  be  preferred  by  the  executive  committee 
recommending  his  appointment.     L.  11-5-06. 

The  state  supervisor  has  no  authority  to  remove  a  member 
of  the  board,  except  for  misfeasance  or  malfeasance  in  office,  or 
/)ther  good  and  sufficient  cause.    L.  10-27-06. 


OHIO    ELECTION    LAW; 


83 


Where  a  board  of  deputy  state  supervisors  has  organized 
under  the  laws  by  casting  lots  for  the  clerk  and  such  action  ha? 
been  recorded,  and  the  board  has  entered  upon  its  duties,  no  pro- 
vision is  made  for  an  inquirv  into  the  mknner  of  such  organiza- 
tion.    L.  9-21-05. 

Sec.  (2966-4.)  Sec.  4.  The  deputy  state  supervisors 
shall,  within  fifteen  days  after  their  appointment,  in  each 
year,  meet  in  the  office  of  the  county  commissioners  or  in 
counties  containing  registration  cities  at  their  office  in  such 
city  as  may  be  most  convenient  and  organize  by  selecting 
one  of  their  number  as  chief  deputy,  who  shall  preside  at 
all  ineetings,  and  a  resident  elector  of  such  county,  other 
than  a  member  of  the  board,  as  clerk,  both  of  which  officers 
shall  continue  in  office  for  one  year.  The  balloting  for 
such  officers  shall  commence  at  or  before  i  o'clock  p.  m., 
on  the  day  of  convening,  and  at  least  one  ballot  shall  be 
taken  every  twenty  minutes  until  such  organization  is 
effected.  The  clerk  shall  be  first  selected  by  the  votes  of  at 
least  three  members,  and  if,  after  five  ballots  no  person 
shall  be  agreed  upon  as  clerk,  the  clerk  shall  be  selected  by 
lot,  from  two  persons  of  opposite  politics,  to  be  nominated 
by  the  deputy  supervisors,  the  two  deputy  supervisors,  of 
the  same  politics  to  name  one  candidate  for  clerk,  and  the 
two  deputies  of  opposite  politics  to  name  the  other.  After 
the  selection  of  the  clerk  the  chief  deputy  shall  be.  selected 
from  deputies  of  opposite  politics  to  that  of  the  clerk,  and 
if  upon  the  first  ballot  no  person  shall  be  agreed  upon  as 
chief  deputy,  the  deputy  of  opposite  politics  to  the  clerk 
having  the  shortest  term  to  serve,  shall  be,  and  act  as  chief 
deputy,  presiding  at  all  meetings.  When  such  organiza- 
tion is  perfected,  the  clerk  shall  forthwith  report  the  same 
to  the  state  supervisor.  The  clerk  may  be  removed  by  the 
state  supervisor  or  deputy  state  supervisors  for  any  viola- 
tion or  neglect  of  duty  or  other  good  and  sufficient  cause, 
and  such  vacancy  shall  be  filled  by  the  deputy  state  super- 
visors, from  the  political  party  to  which  such  outgoing 
clerk  belonged.  The  clerk  shall  have  power  to  administer 
oaths  to  such  persons  as  are  required  by  law  to  file  certifi- 
cates or  other  papers  with  the  board,  and  to  judges  and 
clerks  of  election,  or  any  witnesses  who  may  be  called  to 
testify  before  the  board.  Such  deputy  supervisors  shall 
meet  on  the  twelfth  day  before  each  election,  and  shall  re- 
main in  session  for  such  length  of  time  as  may  be  necessary, 
and  shall  adjourn  to  such  day  as  their  duties  prescribed  by 
law  may  require.  Each  deputy  state  supervisor  shall  re- 
ceive for  his  services  the  sum  of  three  dollars  for  each 
election  precinct  in  his  ■  respective  county,  and  the  clerk 
shall  receive  for  his  services  the  sum  of  four  dollars  for 
each  election  precinct  in  his  respective  county ;  and  the 
compensation  so  allowed  such  officers,  during  any  year, 
shall  be  determined  by  the  number  of  precincts  in  such 
county  at  the  November  election  of  the  next  preceding 
vear.     Provided  that  the  compensation  paid  to  each  of  said 


Deputy  state 
supervisors ; 
organization. 


Chief   deputy. 
Clerk. 


Report  of  or- 
ganization. 

Removal  of 
clerk. 


Clerk's  power 
to  administer 
oath. 


Meetings    of 
board. 


Compensation 
of  members 
and  clerk. 


84 


OHIO    ELECTION    LAWS. 


Minimum 
compensation. 


How   paid. 


Necessary  ex- 
penses. 


deputy  supervisors  under  this  section  shall  in  no  case  be 
less  than  one  hundred  dollars  per  annum  and  that  the  com- 
pensation paid  to  the  clerk  shall  in  no  case  be  less  than 
one  hundred  and  twenty-five  dollars  per  annum.  Such 
compensation  shall  be  paid  quarterly  out  of  the  general 
revenue  fund  of  the  county  treasury  upon  vouchers  of  the 
board  made  and  certified  by  the  chief  deputy  and  the  clerk 
thereof.  Upon  presentation  of  such  voucher  or  vouchers, 
the  county  auditor  shall  issue  his  warrant  upon  the  treas- 
urer for  the  amount  thereof  and  the  treasurer  shall  pay  the 
same.  All  proper  necessary  expenses  of  such  board  of 
deputy  state  supervisors  shall  be  defrayed  out  of  the  county 
treasury  as  other  county  expenses,  and  the  county  commis- 
sioners shall  make  the  necessary  levy  to  meet  the  same ; 
which  expenses  shall,  in  the  case  of  boards  of  supervisors 
and  inspectors  of  elections,  include  all  expenses  authorized 
by  the  state  supervisor  and  inspector  and  incurred  in  the 
investigation  and  prosecution  of  offenses  against  the  laws 
relating  to  the  registration  of  electors,  the  right  of  suffrage, 
and  the  conduct  of  elections.     [97  v.  221.] 

An  action  against  the  individual  members  of  a  public  board 
is  a  distinct  action  from  one  against  the  board  as  such,  and  can- 
not by  answer   be  changed  to  an   action   against  the  board   itself. 
State  Ex  rel.  Wilmont  et  al.  v.  Buckley,  et  al.  17  C.  C. 
86. 

It  is  the  duty  of  the  board  to  have  a  sufficient  and  proper  room 
or  office  in  which  to  transact  the  business  of  the  board,  and  it  is 
also  the  duty  of  the  board  to  file  and  carefully  keep  all  papers, 
documents  and  supplies  filed  with  such  board  and  necessary  in  the 
performance  of  its  duties.  For  this  purpose  a  proper  desk  and 
files,"  together  with  proper  and  necessary  furniture  for  such  room 
or  office  must  be  provided.  The  reasonable  rent  of  such  room  or 
office,  unless  furnished  by  the  commissioners  at  the  Court  House, 
together  with  the  expense  of  such  furniture,  desk  and  files,  are 
proper  charges  against  the  county,  and  should  be  paid  out  of  the 
county  treasury  upon  the  order  of  the  County  Commissioners  as 
other  county  expenses.     L.   12-23-05. 

Whether  the  employment  of  a  stenographer  is  a  necessary  and 
proper  expense  is  for  the  deputy  state  supervisors  and  county  com- 
missioners to  determine.     L.  11-10-05. 

There  is  no  provision  for  payment  of  compensation  in  such 
case,  other  than  for  "Necessary  expenses."     L.   11-1-06. 

The  compensation  provided  by  the  election  laws  is  in  full  for 
all  services  rendered  bv  the  board.  No  additional  compensation 
can  be  paid  for  inspection  of  voting  precincts  of  the  county.  L. 
8-10-06. 

"Proper  and  necessary  expenses  of  the  board"  applies  to  the 
expenses  of  the  board  as  a  whole,  and  cannot  be  made  to  apply  to 
personal  expenses  Or  mileage  of  the  members  of  the  board  in  Aeir 
attendance  upon  meetings.     L.  9-7-06. 

'  The  necessary  expenses  of  the  chief  deputy  and  clerk  while 

in  attendance  upon  a  meeting  of  the  district  board  for  the  purpose 
of  hearing  objections  arising  in  the  course  of  the  nomination  of 
candidates  of  said  district,  may  be  allowed  and  paid  as  "proper 
and  necessary  expenses  of  the  board,"  but  no  additional  compensa- 
tion can  be  allowed  such  officers  in  excess  of  the  annual  compensa- 
tion otherwise  authorized  by  law.    L.  9-15-06. 

In  counties  containing  a  registration  city,  the  deputy  clerk-  of 
the  board  of  deputy  state  supervisors  has  authority  to  administer 


OHIO   ELECTION    LAWS. 


85 


oaths  and  register  electors  within  such  registration  city  during  the 
absence  of  the  clerk.     L.  9-15-06. 

Necessary  travelling  expenses  of  a  cWef  deputy  and  clerk  in 
attendance  upon  a  meeting  of  the  district  board  for  hearing  objec- 
tions to  a  certificate  of  nomination  of  a  candidate  for  a  district 
office  are  "Expenses  of  the  Board"  within  the  meaning  of  above 
section  and  should  be  paid  out  of  the  county  treasury.     L.  11-5-06. 

The  year  referred  to  in  the  above,  is  that  beginning  on  the 
1st  day  of  August,  and  the  compensation,  unless  it  falls  within  the 
$100.  provision  ,is  determined  by  the  number  of  election  precincts 
in  his  county  at  the  November  election  next  preceding  the  1st 
day  of  August  upon  which  he  enters  his  office.     T.   1-30-07, 

"All  proper  necessarj'  expenses  of  such  board,  etc.,"  does  not 
include  the  expenses  of  the  individual  members  of  the  board  in 
travelling  from  their  homes  to  the  place  of  meeting  of  the  board 
or  otherwise  incurred  in  attending  such  meeting.     T.   1-25-07. 

Attendance  by  the  chief  deputy  and  clerk  upon  a  district 
meeting  as  provided  by  Sec.  2966-23.  is  a  duty  enjoined  by  law, 
in  the  performance  of  which  they  are  entitled  to  their  necessary 
railroad  fare  and  meals  as  "proper  necessary  expenses"  and  each 
countv  should  defray  such  expense  of  its  chief  denutv  and  clerk. 
T.   1-25-07.  *     ■ 


(2966-5.)  Sec.  5.  The  secretary  of  state  is  hereby 
authorized  and  required  to  collate  and  publish  from  time 
to  time  all  the  election  laws  in  force  applicable  to  the  con- 
duct of  elections.  There  shall  be  a  sufficient  number  of 
copies  of  such  election  laws  printed,  to  be  bound  in  paper, 
which  shall  be  distributed  in  proportion  to  the  number  of 
voting  precincts  in  each  county,  such  distribution  to  be 
made  in  each  county  by  the  deputy  supervisors  therefor. 
[97  V.  222.] 

This  law  is  constitutional.     State  v.  Cincinnati  52  O.   S.  419. 

(2966-6)  Sec.  6.  At  least  ten  days  before  any  gen- 
eral election  the  deputy  supervisors  of  each  county  shall 
appoint,  in  all  precincts^  in  which  the  voters  are  not  reg- 
istered four  judges  and  two  clerks  of  election,  residents  of 
the  precinct  who  shall  constitute  the  election  of  officers  of 
such  precinct ;  the  deputy  supervisors  shall  designate  one 
judge  in  each  precinct,  who  shall  be  selected  from  the 
dominant  party  in  such  precinct,  as  determined  by  the  next 
preceding  November  election,  to  act  as  presiding  judge. 
The  terms  of  the  judges  and  clerks  shall  cease  and  termin- 
at  ■  the  end  of  one  year  from  the  date  of  their  appoint- 
ment, at  which  time,  and  annually  thereafter,  their  succes- 
sors shall  be  appointed  to  similar  term  of  office,  agreeably 
to  the  orovisions  of  this  act.  Not  more  than  two  judges 
and  not  more  than  one  clerk  shall  belong  to  the  same 
political  party.  If  a  judp^e  or  clerk  in  any  precinct  shall 
fail  to  appear  on  the  morning  of  election,  the  electors  pres- 
ent shall,  viva  voce,  choose  a  suitable  oerson.  having  the 
qualifications  of  an  elector,  to  fill  the  vacancy  from  the 
political  party  to  which  the  absent  judge  or  clerk  belonged. 
The  judges  and  clerks  shall  each  receive  as  compensation 
the  sum  of  three  dollars  for  their  services,  which  services 
shall  be  the  receiving,  recording,  canvassing,  and  making 


Codification 
and    publica- 
tion   of    elec- 
tion laws. 


C)istribution. 


Appointment 
of   clerks. 


Presiding 
judge. 


Terms. 
Appointment. 

Vacancy. 
Compensation. 


S6 


OHIO    ELECTION    LAWS. 


Proviso. 


Removals. 


Oath   of  elec- 
tion officers. 


.'\ppointtnents 
for  unexpired 
term.  • 


return  of  all  the  votes  that  may  be  delivered  to  them  in 
the  voting  precinct  in  which  they  preside  on  each  election 
day;  provided  that  in  any  county  containing  a  city  having 
a  population  of  three  hundred  thousand  or  more,  by  the 
last  preceding  federal  census,  the  compensation  of  judges 
and  clerks  of  election  for  such  services  shall  be  five  dollars ; 
and  in  cities  where  registration  is  required,  the  compensa- 
tion of  judges  and  clerks  of  election  shall  be  as  otherwise 
provided  in  this  act.  The  judges  and  clerks  of  election, 
appointed  as  provided  in  this  section,  may  be  summarily 
removed  fiom  office  by  the  board  of  deputy  state  super- 
visors at  any  time  for  neglect  of  duty,  malfeasance  or  mis- 
conduct therein,  and  in  all  cases  the  last  appointmtnt  to 
either  of  such  offices  for  any  precinct  shall  be  recognized 
as  valid.  When  any  such  officers  have  been  removed  and 
new  appointments  made,  it  shall  be  the  duty  of  the  board 
of  deputy  state  supervisors  to  immediately  send  notice  to 
the  board  of  precinct  officers.  The  judges  and  clerks  of 
election  may  be  sworn  by  the  clerk  of  the  board  or  any 
member  thereof,  and  the  presiding  judge  may  administer 
the  oath  to  the  other  election  officers  of  his  ward,  township 
or  precinct.  Provided,  that  when  new  precincts  have  been 
created  or  vacancies  exist,  the  deputy  state  supervisors 
shall  at  least  ten  days  before  any  annual  election  appoint 
judges  and  clerks  of  election  for  such  precincts,  who  shall 
serve  for  the  unexpired  term.     [97  v.  222.] 

In  determining  which  is  the  dominant  party  the  board  should 
take  into  consideration  the  result  generally  in  the  precinct  at  the 
last  election,  or  in  other  words  as  to  which  party  carried  the  pre- 
cincts for  the  most  of  its  candidates.     K.   10-25-98. 

Judges  and  clerks  of  election  should  be  selected  from  "politi- 
cal parties,"  within  the  meaning  of  this  section.  The  board  may 
in  its  discretion  appoint  a  judge  or  clerk  from  a  political  party 
other  than  the  two  political  parties  which  cast  the  highest  and  next 
highest  number  of  votes  in  the  precincts  at  the  next  preceding 
November  election.     L.  10-14-01. 

A  member  of  a  board  of  deputy  state  supervisors  is  not  elig- 
ible to  serve  as  a  judge  or  clerk  of  elections  of  a  precinct  within 
the  iurisdiction  of  such  board.     L.   10-14-01. 

The  board  of  deputy  state  supervisors  have  no  authority  to 
enter  the  precinct  and  superintend  or  interfere  with  the  judges 
and  clerks  of  election  in  the  discharge  of  such  duties,  neither  have 
they  any  authority  or  right  to  attend  during  the  count  of  the 
votes  in  a  precinct.     L.  10-27-05. 

The  state  supervisor  of  elections  has  no  authority  to  appoint 
judges  and  clerks  of  election.  This  duty  devolves  upon  the  board 
of  deputy  state  supervisors  of  the  county.     L.   11-3-05. 

"The  dominant  party"  of  a  precinct  is  the  controlling  or  pre- 
vailing party  of  such  precinct.  Whether  a  party  is  the  dominant 
party  at  an  election  mu.st  be  determined  from  the  vote  cast  for 
the  candidates  of  such  party  in  such  precinct.  And  the  vote  of 
such  party  cannot  be  determined  by  the  vote  of  any  one  candidate 
of  that  party.     L.   10-25-06. 

The  "dominant  party"  of  a  precinct  is  the  party  which  cast 
a  majority  of  votes  for  the  several  candidates  within  the  precinct 
for  state,  district  and  county  officers.     L.   10-2()-06. 


OHIO   ELECTION    LAWS. 


87 


The  appointment  of  judges  and  clerks  is  wholly  within  the 
discretion  of  the  board  of  deputy  supervisors,  and  their  action  is 
not  reviewable  by  the  State  Supervisor.     L.  11-1-06. 

See  note  to  Sec.  2966-15,  as  to  presiding  judge  where  a  pre- 
cinct has  been  divided. 

(2966-7.)  Sec.  7.'  Each  deputy  supervisor  of  elec- 
tions shall,  before  entering  upon  his  duties,  appear  before 
some  person  authorized  to  administer  oaths,  and  take  and 
subscribe  to  the  following  oath,  which  shall  be  filed  with 
the  clerk  of  the  court  of  common  pleas  in  the  county  where 
stich  deputy  resides : 


Oath  of 

deputy 

supervisors. 


State  of  Ohio, 


county,  ss. : 


I  do  solemnly  swear  (or  affirm)  that  I  will  support 
the  constitution  of  the  United  States  and  of  the  state  of 
Ohio,  and  perform  the  duties  of  deputy  state  supervisor  of 
elections  to  the  best  of  my  ability.     Signed 


of 


Sworn  to  and  subscribed  before  me  this 
in  the  vear  . 


day 


[Title  of  oificer,] 


The  clerk  of  the  deputy  supervisors  for  each  county    Oath  of  clerk 
shall,  befort  entering  upon  his  duties,  take  and  subscribe    super^Msors. 
the  following  oath,  which  shall  be  filed  with  the  clerk  of 
the  court  of  common  pleas  of  the  county  where  he  resides : 


State  of  Ohio, 


county,  ss. 


I  do  solemnly  swear  (or  affirm)  that  I  will  support 
the  constitution  of  the  United  States  and  of  the  state  of 
Ohio,  and  discharge  the  duties  of  clerk  of  the  deputy  state 

supervisors  for county  to  the  best  of  my  ability, 

and  preserve  and  keep  all  records,  documents  and  other 
property  pertaining  to  the  conduct  of  elections  placed  in 
my  custody.  Signed,  . 

Sworn  to  and  subscribed  before  me  this  day 

of  — ■_ ,  in  the  year  .  ^ — , 

[Title  of  officer. \ 

The  clerks  and  judges  of  election  shall  take  and  sub-    path  of  clerks 
scribe  to  the  following  oath,  which,  upon  request  of  the    ^"*^  judges, 
person  appointed,  shall  be  administered  without  compensa- 
tion  by  any   person  authorized   to  administer  oaths,   and 
which   shall  be   filed   with   the   clerk   of   the   deputy   state 
supervisors : 


State  of  Ohio, 


county,  ss. 


I  do  solemnly  swear  that  I  will  support  the  constitu- 
tion of  the  United  States  and  of  the  state  of  Ohio,  and 
to  the  best  of  my  ability  discharge  the  duties  of  j'udge 

,  clerk  of  the  election  in  and  for  precinct 

,  township,  county,  at  the  next  ensuing 

election,  and  I  further  solemnly  swear  that  if,  in  the  dis- 
charge of  my  official  duties,  I  gain  knowledge  as  to  how 
any  elector  voted  at  said  election,  I  will  not  disclose  the 
same.  Signed,  — ; . 


SH 


OHIO    ELECTION    LAWS. 


Sworn  to  and  subscribed  before  me  this 
of  ,  in  the  year  .  


day 


[91  V.  119.] 


Title  of  officer.'] 


Duties  of 
judges  and 
clerks. 


Duties  of  state 
supervisor 
and  deputy 
state  super- 
visors. 


Certificates    01 
nomination.s 
and    nomina- 
tion   papers. 


Investigation 
and  prosecu- 
tion of  viola- 
tion of  elec- 
tion laws. 


General  duties 
•of  deputy 
supervisors. 


(2966-8.)  Sec.  8.  The  judges  and  clerks  provided 
for  herein  shall  serve  as  such  in  all  elections  held  under 
the  provisions  ,of  this  act.  They  shall  perform  all  the 
duties  and  be  subject  to  all  the  penalties  imposed  upon 
judges  and  clerks  of  election  by  law. 

The  state  supervisor  of  eltctions,  the  deputy  state 
supervisors,  and  the  deputy  state  supervisors  and  inspec- 
tors of  elections,  as  herein  provided,  shall  perform  all  the 
duties  imposed  by  law. 

The  state  supervisor  of  elections  and  the  deputy  state 
supervisors  shall  receive  and  file  certificates  of  nomina- 
tions and  nomination  papers,  pass  upon  the  validity  thereof 
and  certify  the  same  agreeably  to  the  provisions  of  law. 

It  shall  be  the  duty  of  the  boards  of  deputy  state  super- 
visors and  inspectors  of  elections  to  investigate  and  prose- 
cute all  violations  of  the  laws  relating  to  the  registration 
of  electors,  the  right  of  suffrage  and  the  conduct  of  elec- 
tions, and  to  report  the  same  to  the  state  supervisor  and 
inspector  of  elections ;  and  when  approved  by  the  state 
supervisor  and  inspector,  and  by  a  vote  of  a  majority  of 
all  its  members,  each  such  board  may  incur  any  expense 
necessary  to  the  conduct  of  such  investigations  and  prose-, 
cutions. 

The  deputy  supervisors  for  each  county  shall  advertise 
and  let  the  printing  of  the  ballots,  cards  of  instruction  and 
other  required  books  and  papers  to  be  printed  by  the  county ; 
they  shall  receive  the  ballots  from  the  printer  and  cause  the 
same  to  be  securely  sealed  up  in  their  presence  in  packages, 
one  for  each  precinct,  containing  the  designated  number  of 
ballots  for  each  precinct,  and  shall  make  the  necessary  in- 
dorsement thereon  as  provided  in  the  ballot  laws ;  they  shall 
provide  for  the  delivery  of  the  ballots,  poll-books  and  other 
required  books  and  papers  at  the  polling  places  in  the  sev- 
eral precincts ;  they  shall  cause  the  polling  places  to  be  suit- 
ably provided  with  booths,  guard-rails,  etc.,  as  provided  in 
the  act  of  April  30,  1891,  and  acts  amendatory  and  supple- 
mentary thereto;  they  shall  provide  for  the  care  and  cus- 
tody of  the  same  during  the  intervals  between  elections ; 
they  shall  receive  the  returns  of  elections,  canvass  them,  and 
make  abstracts  of  the  same,  and  transmit  such  abstracts  to 
the  proper  ofificers  at  the  times  and  in  the  manner  provided 
in  sections  2980,  2982,  2983,  2989  and  2994  of  the  Revised 
Statutes,  to  canvass  the  returns,  make  abstracts  thereof, 
transmit  the  same  and  issue  certificates  to  persons  entitled 
to  the  same. 


OHIO   ELECTION    LAWS. 


89 


In  Xovember  elections  for  township  or  municipal  offi- 
cers, or  boards  of  education,  or  the  election  of  a  justice  of 
the  peace,  the  judges  and  clerks  of  election  in  each  precinct 
shall  make  and  certify  the  returns  to  the  clerk  of  the  town- 
ship or  the  clerk  or  auditor  of  the  municipality  in  or  for 
which  the  election  is  held,  or  the  clerk  of  the.  board  of 
education  of  the  school  district,  instead  of  to  the  deputy 
state  supervisors,  and  the  said  township  clerk,  or  the  clerk 
or  auditor  of  the  municipality,  or  clerk  of  the  board  of 
education,  shall  canvass  the  vote  and  declare  the  result  in 
the  manner,  and  as  provided  in  sections  1453,  1729  and  - 
3910  of  the  Revised  Statutes,  and  in  case  of  an  election  of 
a  justice  of  the  peace,  shall  certify  the  result  to  the  board 
of  deputy  state  supervisors :  but  in  municipalities  w^here 
the  voters  are  registered  the  returns  of  the  election  of 
municipal  officers  or  boards  of  education  or  justices  of  the 
peace  shall  be  made  to  the  board  of  deputy  state  super- 
visors, and  canvassed  by  a  board  of  canvassers,  consisting 
of  the  board  of  deputy  state  supervisors  and  the  city  auditor. 
[97  V.  223.] 

In  certifying  the  election  of  an  officer  the  power  of  the  deputy- 
state  supervisor  of  elections  is  limited  to  certifying  that  the  suc- 
cessful candidate  has  been  elected  and  they  have  no  power  to 
decide  upon  a  disputed  term  of  office. 

State   Ex   rel.   Pardee  v.    Pattison,   Governor  et  al.   73 
O.   S.  305. 

The  duties  of  the  board  of  deputy  supervisors  of  elections 
in  making  the  abstracts  of  votes  returned  by  the  precinct  officers 
are  purely  ministerial,  and  limited  to  compiling  the  votes  shown 
by  the  tally  sheets  so  returned  to  certifying  and  transmitting  the 
abstract  so  made  to  the  proper  officers.  The  board  is  without  au- 
thority to  hear  evidence  to  contradict  or  explain  tally-sheets,  or  to 
in  any  manner  determine  any  questions  relative  to  disputed  ballots 
or  contested  matters.     K.  10-30-00. 

The  board  of  deputy  state  super\nsors  are  public  officers,  and, 
in  a  prosecution  for  violation  of  the  election  laws  are  not  required 
to  give  security  for  costs.    T.  11-27-94. 

The  compensation  allowed  judges  of  election  for  carrying  the 
returns  to  the  board  on  election  night  should  be  paid  out  of  the 
county  fund.     L.     11-16-05. 

The  judge  appointed  to  carry  the  returns  of  the  election  of 
township  officers  to  the  township  clerk  is  entitled  to  compensation 
provided  for  in  Sec.  2966-52.  Such  compensation  is  usually  allowed 
by  the  county  auditor  out  of  the  county  funds,  but  by  that  officer 
charged  back  to  the  township.     L.   11-20-05. 

Where  an  elector  registers  more  than  once,  and  evidence 
satisfactory  to  the  board  is  had  that  it  was  done  with  fraudulent 
intent,  it  i^  their  dnty  to  orosecute.     L.   11-1-06. 

See  Section  2966-27  and  cases  there  cited  as  to  printing  ballots. 

(2966-9.)  Sec.  9.  Any  deputy  state  supervisor  of 
elections  or  anv  clerk  of  the  deputy  supervisors  for  any 
county,  upon  whom  a  duty  is  imposed  by  law,  who  shall 
wilfully  and  negligentlv  violate  his  ^said  duty,  or  who  shall 
wilfullv  neglect  to  perform  such  duty,  or  who  shall  wilfully 
perform  it  in  such  a  way  as  to  hinder  the  objects  of  the 


Return   and 
canvass  of 
vote  for  town- 
ship and  mu- 
nicipal   oflfi- 
cers,    mem- 
bers of  boards 
of  education 
and   justices 
of  the  peace. 


Penalty    for 
violation,  neg- 
lect, or  wrong 
performance 
of  duty,  or 
disobedience, 
by  deputy 
supervisor    or 
clerk. 


90 


OHIO    ELECTION    LAWS. 


Investigation 
of    irregulari- 
ties  or   non- 
performance 
of  duty   by 
election    offi- 
cer ;    report 
thereon. 


Prosecutions. 


Judges  and 
clerks  of  elec- 
tion    now     in 
office;     their 
successors. 


Compensation 
of  state  su- 
pervisor. 


Poll-books 

and 

tally-sheets. 


Ballot-box 
and    custody 
of. 


law,  or  who  shall  wilfully  disobey  any  provision  of  the  law 
incumbent  on  him,  shall  be  punished  by  a  fine  of  not  less 
than  one  hundred  dollars,  nor  more  than  one  thousand 
dollars,  or  by  imprisonment  in  jail  not  more  than  one 
year,  or  both.      [89  v.  460.] 

(2966-10.)  Sec.  9a.  It  shall  be  the  duty  of  the 
county  boards  of  deputy  state  supervisors  to  investigate  all 
irregularities  or  non-performance  of  duty  by  any  election 
officer  that  iiiay  be  reported  to  them,  or  that  comes  to  their 
knowledge,  and  report  the  facts  to  the  state  supervisor  of 
elections  and  to  the  prosecuting  attorney  of  the  county ; 
and  the  state  supervisor  of  elections,  or  the  deputy  state 
supervisors  of  the  county,  shall  have  authority,  and  it  is 
hereby  made  their  duty,  to  order  the  prosecution  of  all 
offenses  for  violations  of  this-  act,  or  any  of  tTie  laws  of 
the  state  relating  to  the  conduct  of  elections.     [91  v.  121.] 

(2966-11.)  Sec.  6.  The  judges  and  clerks  of  election 
now  in  office  shall  serve  as  such  until  the  first  day  of  Octo- 
ber, 1894,  when  their  terms  of  office  shall  cease  and  deter- 
mine; after  such  date,  and  at  least  ten  days  prior  to  the 
November  election,  the  deputy  state  supervisors  shall  ap- 
point their  successors  for  the  terms  and  in  the  manner 
provided  by  law.     [91   v.   122.] 

(2966-12.)  Sec.  I.  The  state  supervisor  of  elections 
shall  receive,  as  compensation  for  his  services  in  said  capa- 
city, an  ^nual  salary  of  one  thousand  dollars.     [97  v.  224.] 

POLL-BOOKS  AND  TALLY-SHEETS. 

Sec.  1252.  The  deputy  state  supervisors  shall  furnish, 
at  the  expense  of  the  county,  and  at  least  five  days  before 
the  day  of  election,  all  the  necessary  poll-books  and  tally- 
sheets  required  in  each  voting  precinct  in  the  county,  for 
all  presidential,  congressional,  state,  county,  municipal, 
township  or  other  elections.     *     *     *     [go  v.  277.] 

BALLOT-BOXES. 

Sec.  2928.  The  deputy  state  supervisors  shall  cause 
to  be  provided,  at  the  expense  of  the  county,  a  ballot-box 
for  each  precinct  therein  which  may  be  without  the  same, 
and  cause  it  to  be  deposited  with  the  proper  township  or 
village  cl£rk  or  city  auditor;  and  every  such  officer  shall 
cause  a  ballot-box,  with  a  copy  of  this  title,  to  be  delivered 
at  each  place  of  holding  elections  in  his  township  or  cor- 
poration as  often  as  elections  are  held  therein,  and  after 
each  election  the  same  shall  be  forthwith  returned  to  him 
by  the  judges  of  election  for  safe  keeping;  provided  that 
in  registration  cities,  the  care  of  the  ballot-boxes  to  be  used 
at  any  election  shall  devolve  upon  such  board.     [97  v.  217.] 

The  auditor  of  Hamilton  County  was  not .  authorized  by  law 
to, issue,  on  certificate  of  the  sheriff  of  said  county  not  approved 


OHIO    ELECTION    LAWS. 


91 


by  the  board  of  county  commissioners  thereof,  a  warrant  upon  the 
treasurer  for  the  amount  of  a  bill  claimed  to  be  for  ballot  boxes 
furnished  by  such  sheriff  under  the  provisions  of  this  section.  And 
a  mandamus  will  not  be  issued  against  the  treasurer  at  the  instance 
of  the  holder  of  such  warrant  requiring  him  to  pay  the  same  on 
his  refusal  to  do  so. 

State  Ex  rel.  v. .  Ratterman,  3  C.  C.  626. 


REGISTR.\TION  LAW. 

Applicable  to  Akron,  Ashtabula,  Canton,  Chillicothe,  Dayton,  East 
Liverpool,  Findlay,  Hamilton,  fronton,  Lima,  Lorain,  Mans- 
field, Marietta,  Marion,  Massillon,  Newark,  Piqua,  Portsmouth, 
Sandusky,  Springfield,  Steubenville,  Youngstown  and  Zanes- 
\ille,  cities  having  a  population  of  eleven  thpusand  eight  hun- 
dred and  less  than  one  hundred  thousand  and  in  which 
quadrennial  general  registration  is  required;  also  to  Cleveland, 
Cincinnati,  Toledo,  and  Columbus,  cities  having  a  population 
of  one  hundred  thousand  or  over  and  in  which  annual  gen- 
eral   registration    is    required. 

Sec.  2926a.  In  all  cities  which  at  the  last  preceding 
federal  census  had,  or  which  at  any  subsequent  federal 
census  may  have  a  population  of  eleven  ^thousand  eight 
hundred  or  more,  there  shall  be  a  general  registration  of 
electors  in  th*e  several  wards  or  precincts  thereof,  in  the 
manner  and  at  the  times,  and  on  the  days  hereinafter  pro- 
vided :  no  person  shall  be  deemed  or  held  to  have  acquired 
a  legal  residence  in  any  ward  or  election  precinct  in  any 
such  city,  for  the  purpose  of  voting  therein  at  any  election, 
general  or  special,  nor  shall  he  be  admitted  to  vote  at  any 
election  therein,  unless  he  shall  have  caused  himself  to  be 
registered  as  an  elector  in  such  ward  or  precinct  in  the 
manner  and  at  the  time  hereinafter  required.     [98  v.  212.] 

See  Doggett  v.  Hudson,  43  O.   S.  548. 

An  elector  who,  registers  prior  to  the  November  election  in 
the  precinct  where  he  then  resides  is  a  registered  elector  in  any 
new  or  altered  precinct  which  the  board  of  elections  may  estab- 
lish, and  within  the  boundaries  of  which  his  residence  falls. 

Columbus  V.   City  Board  of  Elections,   13  O.   D.  452 

Sec.  29266.  The  office  of  member  of  city  boards  of 
elections  and  the  city  board  of  elections  in  registration 
cities,  and  the  office  of  secretary  of  such  boards  are  hereby 
abolished ;  and  in  all  countries  which  contain  a  city  wherein 
annual  general  registration  of  electors  is  required  by  this 
act,  all  the  powers  and  duties  heretofore  exercised  by  city 
boards  of  elections,  and  the  secretary  thereof,  in  so  far  as 
consistent  with  the  provisions  of  this  act,  and  other  exist- 
ing laws,  shall  be  exercised  by  the  board  of  deputy  state 
supervisors  and  inspectors  of  elections  of  such  county,  and 
the  clerk  thereof  respectively;  and  in  all  other  cases  such 
powers  and  duties  shall  be  exercised  by  the  board  of  deputy 
state  supervisors  of  the  county  in  which  such  city  is  situ- 
ated, and  the  clerk  thereof  respectively. 


Registration 
required  of 
voters    in 
cities  having 
a   population 
■•t    eleven 
tlicusand 
eight   hun- 
dred or  more. 


Office  of  mem- 
ber of  city 
board  of  elec- 
tions abolished; 
powers    and 
duties  thereof 
conferred  on 
board    of 
deputy^  state 
super\'isors 
and   inspec- 
tors of  elec- 
tions or  board' 
of    deputy 
state    super- 
visors of  the 
countv. 


92 


OHIO    ELECTION    LAWS. 


Office  of  mem- 
ber of  board 
of    deputy 
state   super- 
visors of 
elections    in 
counties  con- 
taining   cities 
in   which 
annual  gen- 
eral registra- 
tion   is    re- 
quired   abol- 
ished;   powers 
and    duties 
thereof    con- 
ferred   upon 
board    of 
deputy  state 
supervisors 
and  inspectors 
of  elections  of 
such  county. 


Clerk;    his 
duties. 


Office   of 
board. 


And  the  office  of  deputy  state  supervisor  of  elections, 
and  the  board  of  deputy  state  supervisors  of  elections,  and 
the  office  of  clerk  of  such  board,  are  hereby  abolished  in 
every  county  which  contains  a  city  wherein  annual  general 
registration  of  electors  is  required  by  this  act ;  and  all  the 
powers  and  duties  heretofore  exercised  by  the  board  of 
deputy  state  supervisors  of  elections  and  the  clerk  thereof 
in  such  counties,  in  so  far  as  consistent  with  the  provisions 
of  this  act,  and  other  existing  laws,  shall  be  exercised  by 
the  board  of  deputy  state  supervisors  and  inspectors  of 
elections  of  each  such  county,  hereinafter  provided  for,  and 
the  clerk  thereof  respectively.  Provided,  however,  that  said 
city  boards  of  election,  and  boards  of  deputy  state  super- 
visors of  elections,  and  the  clerks  thereof,  shall  continue  to 
exercise  the  powers  and  duties  of  their  offices  under  existing 
laws  and  receive  compensation  therefor,  until  the  deputy 
state  supervisors  and  inspectors  herein  provided  for  have 
been  appointed  as  provided  herein.  The  clerk  of  the  board 
shall,  subject  to  the  control  of  the  board  keep  a  full  and 
true  record  of  their  proceedings,  file  and  preserve  in  their 
office  all  orders,  rules  and  regulations  in  anywise  pertaining 
to  the  administration  of  registration  and  elections ;  prepare 
and  furnish,  under  the  orders  of  such  board,  all  the  reg- 
isters, lists,  books,  maps,  forms,  oaths,  certificates,  instruc- 
tions and  blanks,  for  the  use  and  guidance  of  registrars, 
judges  and  clerks  of  elections,  and  the  board  of  canvassers; 
provide  for  timely  furnishing  of  such  officers  therewith,  and 
with  all  the  necessary  supplies  provided  for  them ;  to  re- 
ceive and  keep  close  custody  of  all  the  registers  and  copies 
returned  to  such  office  as  provided  herein,  and  of  all  rec- 
ords, papers  and  certificates  of  every  kind  relating  to  the 
office  or  administration  of  such  board ;  he  shall  also  have 
the  care  of  the  ballot-boxes  while  deposited  at  the  office  of 
such  board ;  and  he  shall  perform  all  such  other  or  further 
duties,  pertaining  to  such  office  and  affairs  as  shall  be  pre- 
scribed by  such  board.  The  board  of  deputy  state  super- 
visors shall  have  a  sufficient  and  suitable  office  and  rooms 
for  the  purpose  herein  required  which  shall  be  in  charge 
of  their  clerk,  and  in  cities  in  which  annual  general  registra- 
tion is  required  shall  be  kept  open  daily,  except  Sundays 
and  legal  holidays,  and  in  other  registration  cities  at  such 
time  as  the  board  may  require.     [97  v.  192.] 

As  to  term  of  clerk ;   State   Ex   rel  v.   Connor,  5  C.   C.   305. 


Organization 
of    such 
board ; 
general 
powers    and 
duties. 


Sec.  2926c.  The  members  of  the  board  of  deputy 
state  supervisors  shall  meet  within  fifteen  days  after  their 
appointment,  and  organize  by  the  election  of  a  chief  deputy 
and  clerk  as  provided  in  section  4  of  the  supervisory  elec- 
tion law,  section '(2966-4)  of  the  Revised  Statutes.  No 
order,  resolution  or  action  of  such  board  shall  be  valid 
without  the  vote  of  three  of  the  four  members.  Such  board 
shall  appoint  all  registrars  of  electors,  judges  and  clerks 


OHIO    ELECTION    LAWS. 


93 


of  election  and  other  clerks,  officers  and  agents  herein  pro- 
vided for,  and  designate  the  ward  and.  precinct  in  which 
each  shall  serve.  All  deputy  clerks,  assistants,  registrars 
and  judges  and  clerks  of  election,  now  in  office,  in  registra- 
tion cities,  shall  remain  in  their  respective  offices  and  em- 
ployments and  continue  to  perform  the  several  duties  there- 
of and  receive  the  compensation  therefor,  under  existing 
l^ws,  and  under  the  direction  and  control  of  the  board  of 
deputy  state  supervisors,  or  the  board  of  deputy  state  sup- 
ervisors and  inspectors,  as  the  case  may  be,  until  their 
successors  are  chosen  or  appointed  and  qualified  or  until 
removed  by  the  proper  authority  in  accordance  with  the 
provisions  of  this  act.  The  board  of  deputy  state  super- 
visors shall  also  appoint  the  places  of  registration  of  elec- 
tors, and  holding  elections  in  each  ward  or  precinct,  and 
provide  suitable  booths  or  hire  suitable  rooms  for  such 
purpose  and  for  their  own  office,  at  such  rents  as  they  deem 
just;  they  shall  also  provide  the  necessary  and  proper  fur- 
niture and  supplies  for  such  rooms,  and  for  the  purchase, 
preservation  and  repair  of  all  booths  and  ballot-boxes, 
necessary  for  use  at  elections  in  such  city,  and  all  books, 
blanks,  and  forms  necessary  for  the  registrations  and  elec- 
tions herein  designated,  and  for  duly  issuing  all  notices, 
advertisements  or  publications  required  by  law.  The  board 
of  deputy  state  supervisors  of  elections  or  the  board  of 
deputy  state  supervisors  and  inspectors  of  elections,  as  the 
case  may  be,  of  counties  containing  registration  cities  and 
the  clerk  thereof  shall,  upon  the  taking  effect  of  this  act, 
have  the  custody,  care  and  control  of  all  registers. "  lists, 
books,  maps,  forms,  oaths,  certificates,  blanks,  booths,  and 
ballot-boxes,  and  all  other  property  and  supplies  heretofore 
under  the  custody  and  control  of  the  city  boards  of  elec- 
tions and  the  secretary  thereof. 

The  board  may,  from  time  to  time,  make  and  issue  ail    Rules  and 
such    rules,    regulations   and   instructions,    not   inconsistent    ^^^  ations. 
with  law,  as  they  shall  deem  necessary  for  governing  and 
guiding  their  clerk  and  his  deputy  or  assistants,  and  the 
registrars  of  electors  and  judges,  and  clerks  of  elections, 
or  other  persons  under  their  control  in  the  proper  discharge 
of  their  respective  offices  and  duties.     They  shall  divide.    Election 
define    and    proclaim    the   election    precincts   of   such   city,    ^^^""^ 
authorized    in    section   two    thousand    nine    hundred    and 
twenty-six,   and  the  boundaries  thereof,  and  provide   for 
furnishing  to  each  registrar  of  electors  and  judges  of  elec- 
tions a  map  and  pertinent  description  of  such  divisions  and 
boundaries,  and  of  any  changes  which  from  time  to  time  are 
made  by  them.    When  necessary,  they  may  employ  a  deputy    Deputy  clerk 
clerk  and  one  or  more  clerks  as  temporary  assistants  of    f^iatlH'^*^"*'' 
their  clerk,  at  a  salary  not  to  exceed  the  rate  of  one  hun- 
dred dollars  per  month,  and  prescribe  their  duties.     The 
period  for  which  they  are  employed  must  always  be  fixed 
in  the  order  authorizing  their  employment,  but  they  may 


94 


OHIO    ELECTION    LAWS. 


Salaries  and 
expenses; 

how    paid. 


Appointment 
of  registrars. 


Term. 
Qualifications. 


Oath. 


Appearance 
for  examina- 
■  tion. 


be  discharged  sooner  at  the  pleasure  of  the  board.  Such 
deputy  clerk  and  all  such  assistants  shall  take  the  same  oath 
for  the  faithful  performance  of  their  duties  as  required  of 
the  clerk  of  said  board.     [97  v.  193.] 

In  a  registration  city,  the  deputy  state  supervisors  must  desig- 
nate the  polling  places  within  such  registration  'city  and  pay  the 
rent  therefor.     L.   11-12-06. 

Sec.  2926^.  The  cost  and  charge  of  the  salaries  of 
members  of  such  board  of  deputy  state  supervisors  in  any 
such  city,  and  of  the  clerk  and  his  deputy  and  assistants, 
and  all  necessary  expenses  of  the  board  for  the  purposes 
herein  authorized,  and  the  lawful  compensation  ^f  all  regis- 
trars of  electors,  in  such  cities,  appointed  by  such  board 
and  the  necessary  cost  of  the  registers  or  other  books, 
blanks,  forms,  stationery  and  supplies  to  be  provided  by 
said  board  for  the  purposes  herein  authorized,  including 
poll-books  for  special  elections  and  the  cost  of  the  rent, 
furnishing  and  supplies  of  all  rooms  hired  by  said  board 
for  their  offices  and  as  places  for  the  registration  of  electors 
and  holding  of  elections  in  such  cities  shall  be  borne  and 
paid,  by  any  such  city  out  of  its  general  fund,  upon  vouch- 
ers of  such  board  certified  by  its  chief  deputy  and  clerk, 
specifying  in  every  voucher  the  actual  services,  items  of 
supplies,  and  prices  and  rates  in  detail,  which  shall  be 
allowed  by  the  city  auditor,  and  upon  his  warrant  paid  by 
the  city  treasurer  of  any  such  city.     [97  v.  195.] 

Sec.  2926^?.  On  or  before  the  first  day  of  September, 
annually,  the  board  of  deputy  state  supervisors  shall  appoint 
for  each  and  every  election  precinct,  in  any  such  city,  two 
electors  of  such  city  to  act  as  registrar  of  the  electors,  and 
also  as  judges  of  election  in  such  precinct.  And  on  or  be- 
fore the  first  day  oi  October,  annually,  the  said  board  shall 
appoint  two- additional  judges  of  election  and  two  clerks 
of  elections  for  each  and  every  precinct  in  any  such  city. 
Such  registrars,  judges  and  clerks  of  elections  shall  each 
hold  their  appointment  for  one  year,  unless  sooner  removed 
by  the  board  and  must  be  electors  of  any  such  city,  and  able 
to  read  and  speak  the  English  language  understandingly  and 
write  it  readily  and  fairly,  and  each  shall  take  an  oath  of 
office,  as  follows : 


State  of  Ohio, 


County,  ss : 


I  do  solemnly  swear  (or  affirm)  that  I  will  support  the 
constitution  of  the  United  States  and  of  the  state  of  Ohio, 
and  to  the  best  of  my  ability  discharge  the  duties  of  judge 

(registrar  or  clerk)  of  the  election  in  and  for  precinct , 

ward,  city  of ,  at  the  next  ensuing  election. 

Signed,  

[Title  of  officer.] 

Such  oath  may  be  administered  Jiy  the  clerk  or  any 
member  of  such  board,  and  shall  be  filed  in  the  office  of  such 


OHIO   ELECTION    LAWS. 


95 


board.  All  persons  selected  by  said  board  for  any  ol  said 
anpointments  shall  appear  before  said  board  at  their  office 
after  twenty-four  hours'  notice,  either  served  personally  or 
left  their  usual  place  of  residence  for  examination  as  to 
their  qualifications  before  being  appointed ;  any  elector  of 
such  city  so  selected  who  shall  fail  to  appear  before  said 
board  as  required  by  law,  or  any  elector  of  such  city  so  ap- 
pointed to  act  as  registrar,  judge  or  clerk  of  elections  therein, 
who  shall  refuse  or  neglect  to  take  and  subscribe  the  oath  of 
office,  unless  excused  by  said  board,  or  any  registrar,  who 
shall,  after  being  duly  appointed,  fail  to  be  at  the  place  des- 
ignated for  registration  in  his  precinct  during  the  hours 
set  for  the  registration  of  electors,  or  who  shall  fail  to 
deposit  the  registers  at  the  office  of  the  board  of  deputy  state 
supervisors  in  accordance  with  the  provisions  of  section 
2926:  of  the  Revised  Statutes,  or  who  shall  fail  to  post  the 
printed  lists  as  required  by  section  2926/  of  the  Revised 
Statutes,  or  any  person  who  shall  wilfully  mar,  damage  or 
destroy  any  registers  or  portion  thereof,  shall  be  fined  not 
more  than  one  hundred  dollars  nor  less  than  twenty-five 
dollars,  or  be  imprisoned  in  the  county  jail  not  more  than 
fifteen  days,  or  both,  in  the  discretion  of  the  court.  Neither 
the  two  registrars  for  any  precinct,  nor  the  two  clerks  of 
election,  shall  be  of  the  same  political  party.  Nor  shall  more 
than  two  of  the  four  judges  of  election  for  any  precinct  be 
of  the  same  political  party.  Appointments  of  such  officers 
for  every  precinct  shall  be  made  so  as  in  good  faith  to  secure 
equal  representation  of  political  parties,  if  practicable.  Any 
vacancy  in  the  office  of  registrar,  or  of  a  judge  or  clerk 
of  elections,  shall  be  filled  by  said  board  of  deputy  state 
supervisors,  and  either  or  any  of  such  officers  may  be  sum- 
marily removed  from  office  by  such  board  at  any  time  for 
neglect  of  duty,  malfeasance  or  misconduct  therein.  And  in 
all  cases  the  last  appointment  to  either  of  such  offices  for 
any  precinct  shall  be  recognized  as  valid.  If  any  clerk  of 
elections  fails  to  attend  at  the  opening  of  the  polls  on  the 
day  of  any  election,  or  shall  during  the  election,  by  any 
cause  become  disabled  or  unfit  to  act  in  entering,  enumerat- 
ing or  certifying  the  ballots,  the  judges  of  election,  or  a 
majority  of  them,  may  summarily  remove  him,  and  the  two 
judges  of  the  same  political  party  as  such  clerk  shall  forth- 
with appoint  another  competent  elector  of  any  such  city 
to  act  in  his  place,  and  administer  to  him  the  oath  of  office 
above  prescribed ;  if  any  judge  of  election  fails  to  attend 
at  the  opening  of  the  polls  on  the  day  of  election  for  any 
cause,  by  decision  of  the  other  three  judges,  shall  become 
disabled  or  unfit  to  act  in  receiving  and  enumerating  the 
ballots  and  certifying  the  results  of  the  election,  the  other 
judge  of  the  sarne  political  party  shall  at  once  appoint  an- 
other competent  elector  of  any  such  city  to  act  in  his  place, 
and  administer  to  him  the  oath  of  office  above  prescribed. 
Provided,  that  notice  of  such  appointment  of  judge  or  clerk 


Failure  to  ap- 
pear. 


Refusal    t 
take  oath. 


Failure    of 
registrar     t( 
perform 
duties. 


Damage    or 
destruction  x>f 
registers ; 
penalty. 


Equal    repre- 
sentation   of 
political 
parties. 


Vacancies  and 
removals. 


Substituted 
judges  and 
clerks. 


96 


OHIO    ELECTION    LAWS. 


Notice  of  ap- 
pointment of 
substitutes. 


Certificates  of 
appointment 
as    registrars, 
judges   and 
clerks. 


Exemption 
from  perform- 
ance  of   mili- 
tary duty. 

Minute  of  re- 
moval. 


Powers   and 
duties  of  reg- 
istrars and 
judges    and 
peace   officers. 


Preventing 
violence   and 
disorder,    etc. 


Guarding  reg- 
istration   and 
count. 

Protecting 
clerks,     wit- 
nesses  and 
challengers. 


Securing 
registers,  poll- 
books,    ballots, 
etc. 


Duty  of  police. 


Loitering  near 
polls. 


be  immediately  sent  by  the  judge  making  such  appointment 
to  the  board  of  deputy  state  supervisors,  and  such  person  so' 
appointed  shall  not  perform  any  of  the  duties  of  his  office 
until  the  notice  has  been  sent  to  the  board.  The  person  so 
appointed  to  act  temporarily  as  judge  or  clerk  shall  per- 
form the  duties  of  the  office  after  the  sending  of  said  notice, 
until  the  board  shall  confirm .  said  appointment  or  appoint 
another  for  said  office.  Whoever  shall  be  appointed  as  reg- 
istrar, judge,  or  clerk  of  elections  by  the  board  of  deputy 
state  supervisors,  shall  receive  from  the  board  a  certificate 
of  appointment,  which  may  be  revoked  at  any  time  by  the 
board ;  said  certificate  to  be  in  such  form  as  may  be  pre- 
scribed by  the  board  and  to  specify  the  precinct  and  ward 
of  the  city  in  and  for  which  the  person  to  whom  the  same 
is  issued  is  appointed  to  serve,  the  date  of  appointmnet,  and 
the  expiration  of  his  term  of  office.  Registrars,  judges  and 
clerks  of  election  during  the  time  they  hold  such  certifi- 
cate of  appointment,  and  as  such  officers  shall  be  exempt 
from  the  performance  of  military  and  jury  duty.  And  im- 
mediately upon  such  a  removal  of  a  clerk  or  judge,  and  fill- 
ing the  vacancy  as  above  provided  for,  a  brief  note  of  the 
procedings  shall  be  entered  in  the  poll-books  and  subscribed 
by  the  judges  so  acting,  and  specially  stating  the  cause  of 
such  removal.     [97  v.  195.] 

Sec.  2926/.  All  registrars  of  electors  and  judges  of 
elections,  while  exercising  their  office  under  this  or  any 
other  law  regulating  elections,  shall  have  full  power  and 
authority,  and  are  hereby  required  to  enforce  the  peace  ?ind 
good  order  and  obedience  to  their  lawful  commands  for 
such  ends  at  and  obout  the  places  of  registration  and  of  hold- 
ing elections.  They  shall  especially  keep  the  access  of  elect- 
ors to  the  polls  open  and  unobstructed,  prevent  and  suppress 
all  riot,  violence,  tumult  and  disorder,  and  also  any  and  all 
improper  practices  or  attempts  tending  to  obstruct  or  intim- 
idate electors  frorn  a  free  exercise  of  their  free  right  to  vote, 
or  tending  to  disturb  or  interfere  with  the  free  and  peace- 
ful registration  of  electors,  or  counting  and  certifying  the 
result  of  an  election.  They  shall  also  protect  the  clerks  of " 
an  election  and  the  witnesses  and  the  challengers  designated 
to  attend  the  election  as  herein  provided  for,  from  any  vio- 
lence, interference  or  molestation  during  the  receiving  and 
enumeration  of  ballots.  And  they  shall  at  all  hazards  be 
bound  to  preserve  and  secure  the  registers,  poll-books,  bal- 
lot boxes  and  ballots  at  every  election  from  violence,  fraud 
or  tampering.  To  enforce  the  provisions  of  this  section,  the 
officer  or  authority  having  command  of  the  police  "force  of 
any  such  city,  shall  promptly,  on  the  requisition  of  such 
board  of  deputy  state  supervisors,  detail  for  service  at  the 
polling  place  in  any  precinct  of  such  city,  such  force  as 
such  board  may  deem  necessary,  and  on  every  day  of  elec- 
tions shall  have  a  special  force  in  readiness  for  any  emer- 
gency. During  the  receiving  and  counting  of  the  ballots 
or  registering  of  electors,  no  person  shall  congregate  or 


OHIO   ELECTION    LAWS. 


loiter  within  one  hundred  feet  of  the  polling  place  of 
any  election  or  place  of  registration  of  electors,  or  in  any 
manner  hinder  or  delay  any  elector  in  reaching  or  leaving 
the  place  fixed  for  registration  or  casting  his  ballot,  or 
within  such  distance  of  one  hundred  feet  to  give  or  tender 
or  exhibit  any  ballot  or  ticket  to  any  person  other  than  a 
judge  of' election,  or  to  exhibit  any  ticket  or  ballot  which 
he  intends  to  cast,  or  solicit  or  in  any  attempt  to  influence 
any  elector  in  casting  his  vote.  In  the  discharge  of  their 
duties,  the  judges  of  election  may,  if  necessary,  appoint 
and  require  any  elector  or  electors  to  aid  them  in  making 
known  their  orders  or  directions  and  enforcing  the  peace. 
The  judges  of  election,  or  any  of  them,  or  any  registrar, 
may  order  the  arrest  of  any  person  violating  this  section, 
but  such  arrest  shall  not  prevent  such  person  from  voting 
or  registering  if  he  is  entitled  to  do  so.  The  sheriff  and  all 
constables,  policemen  and  officers  of  the  peace,  and  all  by- 
standers at  any  election,  shall  immediately  obey  and  aid 
in  the  enforcing  any  and  every  lawful  order  made  by  the 
judges  at  any  election  in  execution  of  the  provisions  of  this 
section.  Any  person  wilfully  refusing  or  neglecting  to  per- 
form any  of  the  duties  by  this  section  prescribed,  shall  be 
fined  not  less  than  twenty  dollars  nor  more  than  one  thou- 
sand dollars,  or  imprisoned  in  the  county  jail  not  less  than 
thirty  days  nor  more  than  one  year,  or  both.  [97  v.  197.] 
Sec.  2926g.  On  or  before  the  first  day  of  September 
annually,  the  clerk,  under  the  direction  of  the  board  of 
deputy  state  supervisors  shall,  in  any  city  in  which  quadren- 
nial general  registration  is  required  as  provided  in  sectioh 
2926A  prepare  and  furnish  to  the  registrars  so  appointed  for 
each  precinct  in  any  such  city,  duplicate  lists  of  all  electors 
so  registered  in  such  precincts  at  the  last  general  registra- 
tion, together  with  such  new  and  additional  ones  as  may 
have  registered  at  any  election  subsequent  to  the  such  gen- 
eral registration,  with  sufficient  blank  space  for  new  electors 
to  be  registered  therein,  excepting  every  fourth  year,  when 
a  general  registration  is  required,  as  provided  in  section 
2926/1.  And  the  board  shall,  on  or  before  the  first  day  of 
September  annually  in  cities  in  which  yearly  general  regis- 
tration is  required,  procure  and  have  at  their  office,  dupli- 
cate books  for  each  and  every  election  precinct,  in  any  such 
city  for  the  registration  of  electors  therein,  and  which  shall 
be  styled  and  known  as  "registers  of  electors."  Each  reg- 
ister shall  contain  space  and  ruled  lines  for  at  least  seven 
hundred  names,  and  be  arranged  and  ruled  in  parallel  col- 
umns, with  printed  heading,  in  the  following  order :  Num- 
ber (consecutively),  full  name,  age,  term  of  residence,  na- 
tivity, how  long  resident  in  precinct,  in  state,  when  natural- 
ized, court,  married  or  single,  date  of  registration,  sworn, 
signature,  remarks ;  and  the  rulings  and  headings  of  each 
page  of  the  register  shall  be  according  to  the  following  dia- 
gram enlarged : 

7       EL 


Hindering 
electors. 


Soliciting 
votes,    etc. 

Power  to  se- 
cure  assists 
ance    . 

To  order' 
arrests. 


"\\'ho  shall 
obey  ind   aid-^ 
them. 


Penalty    for 
refusal. 


Duplicate  list 
of   electors   to 
be    furnished 
registrars;   ex- 
ception. 


Registrars  of 
electors  :  how- 
appointed. 


98 


OHIO    ELECTION    LAWS. 


C 
O 

3 

2 

t/; 

- 

o 

•X 

0 

II 

a: 

• 

C  2 

c  u 

go 

41 

3 
CO 

u 

o 
u 

41 

- 

, 

o 

o 

£ 

T3 

n 
^ 

o 

CO 

9/ 

las 
< 

5 
'A 

•  3  imnM 

Duties    of 
registrars. 


And  it  shall  be  the  duty  of  the  registrars  of  each  and 
every  precinct  in  any  such  city  to  apply,  on  Wednesday  in 
the  fourth  week  before  the  November  election,  annually, 
for  the  lists  and  registers  aforesaid,  and  the  map  of  their 
precinct,  and  such  printed  instructions  for  the  discharge  of 


OHIO   ELECTION    LAWS. 


99 


When   clerk 
to  act   as   reg- 
istering   cffi- 


Registration 
by  clerk  of 
persons    who 
will  be  neces- 
sarily  absent 
during  regis- 
t-ation. 


their  duties  as  may  be  lawfully  prescribed    by  such  board. 
[97  V.  198.] 

See  Daggett  v.  Hudson,  43  O.  S.  548. 

Sec.  2926//.  The  days  for  the  general  registration  of  ^^ays  for 
electors  in  cities  wherein  annual  general  registration  is  re-  registration, 
quired,  and  for  the  quadrennial  registration  and  the  yearly 
registration  of  new  electors  in  cities  wherein  general  regis- 
tration is  required  only  in  presidential  years,  in  the  several 
precincts  in  every  such  city,  shall  be  Thursday  in  the  fifth 
week,  Thursday  in  the  fourth  week,  Friday  and  Saturday  in 
the  third  week  next  before  the  day  of  the  general  election  in 
November  in  each  year.  Between  the  first  day  of  Septem- 
ber and  the  day  preceding  the  first  of  the  days  above  pre- 
scribed for  the  general  registration,  and  no  longer,  the  clerk 
of  the  board  of  deputy  state  supervisors  shall  act  as  regis- 
tering officer  in  the  following  cases  only : 

Any  person,  resident  of  such  city,  who  will  be  lawfully 
entitled  to  vote  therein  at  the  next  succeeding  election  in 
November,  may  go  before  such  clerk,  at  the  office  of  such 
board,  and  on  making  and  subscribing  an  oath  or  affirmation 
before  him  that  he  will  necessarily  and  unavoidably  be  ab- 
sent from  such  city  on  all  the  days  appointed  or  allowed  by 
this  section  for  the  general  registration  of  electors  by  the 
registrars  of  the  precinct  in  which  he  resides  specifying  the 
same,  and  more  than  fifty  miles  distant  therefrom,  the  clerk 
if  satisfied,  shall  thereupon  file  such  affidavit  and  make 
registration  of  such  person  in  the  registrars  of  such  pre- 
cinct, on  compliance  of  such  applicant  with  the  foregoing 
requirements  of  this  section  for  general  registration,  and 
his  signature  to  the  statement  prescribed,  and  no  further 
registry  of  such  applicant  shall  be  necessary ;  any  elector  of 
such  city  who  is  absent  therefrom,  and  without  the  county 
in  which  it  is  situated,  and  more  than  fifty  miles  distant 
from  such  city,  may  appear  before  any  judge  or  clerk  of 
any  court  of  record,  or  notary  public,  or,  if  in  foreign  coun- 
try before  any  minister,  consul  or  vice  consul  of  the  United 
States,  and  make  and  subscribe  an  affidavit  as  to  his  resi- 
dence, specifying  in  what  ward  and  precinct  he  resides,  and 
that  he  will  be  necessarily  and  unavoidably  absent  from 
such  city  on  all  the  days  allowed  or  appointed  by  this  act  for 
the  general  registration  of  electors  by  the  registrars  on  such 
precinct,  and  answering  and  setting  forth  accurately  each 
and  all  the  matters  herein  required  to  be  set  forth  in  the 
register  of  the  electors,  and  forward  such  affidavit,  duly 
authenticated  as  above,  by  mail,  under  an  envelope  ad- 
dressed to  the  "clerk  of  the  board  of  deputy  state  supervis- 
ors" of  such  city;  if  received  by  such  clerk  between  the 
days  above  appointed  for  his  acting  as  registrar,  it  shall 
entitle  such  applicant  to  be  entered  by  the  clerk  in  the  proper 
register  of  such  precinct :  and  in  place  of  the  signature  of 
such  elector,  the  word  "affidavit"  shall  be  inserted,  and  no   Affidavits. 


Application 
to  clerk   for 
r  -gistration 
bv  mail. 


100 


OHIO    ELECTION    LAWS. 


Transmittal 

affidavits 

to   registrars. 


Entry  of  word 
"challenged" 
on    registers. 


Close   of 

registration 
by    clerk. 


Annual  regis- 
ration  of  elec- 
tors in  cities 
having  a  pop- 
ulation of  one 
hundred  thoi*- 
sand   or  more. 

Quadrennial 
registration 
of  electors  in 
cities    having 
a  population  of 
eleven   thou- 
sand  eight 
hundred    and 
less  than  one 
hundred  thou- 
sand. 


Registration 
of  new  elec- 
tors or   elec- 
tors   moving 
into   precinct 


further  registry  of  such  appHcant  shall  be  necessary ;  such 
affidavit  and  envelope  shall  be  filed  and  preserved  in  such 
office ;  but  no  such  affidavit  shall  be  allowed  by  the  clerk 
unless  the  officer  before  whom  it  is  made  shall  certify  that 
the  affiant  is  personally  known  to  him  to  be  the  person  he 
represents  himself  to  be,  or  proven  so  to  be  by  a  creditable 
person  known  to  him  and  whose  name  and  full  address 
must  be  stated  in  such  certificate.  Any  such  affidavit  of 
an  absent  elector  which  shall  be  received  by  such  clerk  on 
or  after  the  first  days  herein  appointed  for  general  registra- 
tion by  the  registrars,  shall  be  transmitted  by  him  immedi- 
ately to  the  registrars  of  the  proper  precinct,  and  they 
shall  be  authorized  to  register  the  applicant  'as  above 
.directed,  and  shall  preserve  such  affidavit;  provided,  that 
in  any  case  where  application  for  registration  is  thus  made 
by  affidavits  forwarded  by  mail,  if  the  clerk  or  registrars^ 
as  the  case  may  be,  are  not  satisfied  that  such  applicant  is 
a  resident  of  the  precinct  so  specified,  or  that  he  will  be 
entitled  to  vote  on  the  day  of  the  next  election,  the  word 
"challenged"  shall  be  entered  in  the  register  opposite  his 
name  and  in  the  column  for  "remarks,"  and  such  affidavit 
and  envelope  shall  be  transmitted  to  the  judges  of  election ; 
and  such  applicant,  if  he  appear,  shall  be  required  to  estab- 
lish his  residence  and  qualification  before  voting.  On  the 
day  preceding  the  first  of  the  days  herein  appointed  for  the 
general  registration  the  clerk  of  the  board  of  deputy  state 
supervisors,  shall,  in  each  and  every  register  in  which  he  has 
entered  any  registration  of  electors,  as  in  this  section  pro- 
vided, close  the  same  by  drawing  double  lines  across  the 
page  with  ink,  immediately  below  the  last  name  registered 
by  him,  and  add  the  words  "close  of  registration  by  the 
clerk,"  and  shall  thereunto  subscribe  his  name  and  office. 

In  all  cities  which  now  and  hereafter  may  have  a  pop- 
ulation of  one  hundred  thousand  or  more,  when  ascertained 
in  the  manner  provided  in  section  2926a,  there  shall  be  an 
annual  general  registration  of  all  the  electors  therein,  in  the 
several  wards  and  precincts,  on  the  days  and  in  the  manner 
herein  provided;  in  all  cities,  which  now  or  hereafter  may 
have  a  population  of  eleven  thousand  eight  hundred  and  less 
than  one  hundred  thousand,  a  general  registration  of  all  the 
electors  therein  shall  only  be  had  at  each  and  every  presi- 
dential election,  at  the  times  and  upon  the  days  hereinbefore 
specified ;  and  at  all  other  state,  or  other  public  elections, 
those  electors  who  have  been  duly  registered  at  such  general 
registration  as  herein  provided,  and  have  not  removed  from 
the  precinct  in  which  they  then  registered  at  said  general 
registration  in  any  such  city,  shall  not  be  required  to  regis- 
ter ;  but  at  such  state,  or  other  public  elections,  at  the  times 
hereinbefore  provided. for  registration  days,  only  those  elec- 
tors of  any  such  city  shall  be  required  to  register,  as  may 
be.  new  electors,  or  who  have  moved  into  any  precinnct  of 
any  such  city,  since  any  general  registration,  and  have  not 


OHIO    ELECTION    LAWS. 


101 


"been  registered  therein,  excepting  (that)  at  such  pubhc 
election  other  than  presidential  and  state,  such  registration 
shall  take  place  on  Friday  and  Saturday  in  the  second  week 
before  any  such  election.  And  if  any  elector  removes  from 
the  precinct  in  which  he  has  so  registered  into  another  pre- 
cinct of  the  city  in  which  he  resides,  he  shall  apply  in  person 
to  the  registrars  of  the  precinct  in  which  he  has  so  registered 
for  a  ''removal  certificate.''  as  provided  by  section  2926^. 
Within  a  sufficient  time  previous  to  any  such  state,  or  other 
public  election,  it  shall  be  the  duty  of  the  registrars  of  each 
and  every  precinct  in  any  such  city  to  obtain  the  preceding 
register  made  by  them  from  the  board  of  deputy  state  super- 
visors, and  attend  at  the  place  in  such  precinct  appointed  for 
the  registration  of  electors  at  the  time  hereinbefore  provided, 
and  receive  applications  for  registration  by  such  qualified 
electors  residing  therein  as  are  not  already  registered  at 
the  last  preceding  general  registration ;  it  shall  further  be 
the  duty  of  such  registrars  to  take  all  such  preceding  regis- 
ters of  their  respective  precincts,  so  required  to  be  furnished 
them  by  section  29260-  of  this  act,  and  make  a  thorough  can- 
vass thereof,  for  the  purpose  of  ascertaining  whether  or  not 
any  of  the  electors  so  registered  have  removed  or  died,  and 
shall  make  a  report  of  their  proceedings,  carefully  noting 
any  and  all  changes  found,  together  with  such  additional 
■names  of  electors  registered  by  them,  to  the  board  of  deputy 
state  supervisors.     [98  O.  L.  212.] 

Sec.  2926i.  The  registrars  of  electors  appointed  as 
Tierein  provided  shall,  on  each  of  the  days  appointed  for 
the  general  registration  of  electors,  meet  at  the  place  in 
«ach  precinct  provided  by  the  board  of  deputy  state  super- 
visors for  that  purpose,  and  there  remain  a  session  from 
the  hour  of  eight  o'clock  before  noon,  until  the  hour  of 
two  o'clock  in  the  afternoon,  and  from  four  o'clock  in 
the  afternoon  until  nine  o'clock  in  the  evening  of  each  and 
all  the  days  so  appointed  for  the  purpose  of  registering 
the  electors  lawfully  resident  in  such  precinct.  No  per- 
son shall  be  registered  as  an  elector  of  any  such  city  at 
any  time  or  place  other  than  those  which  are  in  this  act 
designated ;  and  in  making  registration  every  applicant 
shall  answer  the  inquiries  made  by  the  registrars ;  and 
the  registrars  having  openly  and  publicly  met  at  the  place 
and  time  herein  appointed,  shall  proceed  as  follows : 

I.  They  shall  receive  the  application  for  registra- 
tion of  all  such  male  persons,  resident  in  such  precinct,  as 
then  "are,  or  on  the  day  of  election  which  will  next  follow 
such  application  will  be  entitled  to  vote  therein,  and  who 
shall  personally  come  before  them,  and  such  only ;  the 
registrars  may,  and  if  the  right  of  the  applicant  to  be 
registered  be  challeng-ed  by  any  elector  shall,  administer 
the  following  oath,  to-wit :  "You  do  solemnly  swear  (or 
affirm)  that  you  will  truly  and  fully  answer  all  such  ques- 
tions as  shall  be  put  to  you  touching  your  place  of  resi- 


Removal  cer- 
tificates. 


Duties  of 
registrars. 


Hours   for 
general   regis- 
tration. 


Mode  of  reg- 
istration. 


Receipt    of 
application  for 
registration. 


Oath   in  cases 
challenge. 


m 


OHIO    ELECTION    LAWS. 


Examination 
of  applicant. 


Entries    in 
registers. 


Signature    of 
applicant. 


By    mark. 


Comparison  of 

duplicate 

registers. 

Close  of  day's 
registration. 


dence,  name,  age,  place  of  birth,  qualifications  as  an  elec- 
tor, and  your  right  as  such  to  be  registered  and  vote  un- 
der the  laws  of  this  state." 

2.  They  shatl  then  examine  each  applicant  as  to 
his  residence  and  qualifications  as  an  elector,  and  if  not 
satisfied,  or  if  any  elector  so  demands,  shall  enter  the 
word  "challenged"  under  the  column  for  "remarks."  Un- 
less otherwise  herein  directed,  they  shall  then,  in  the 
presence  of  the  applicant,  enter  in  the  registers  his  an- 
swers to  their  questions  pertinent  to  the  "heading  of  each 
column,  in  their  order.  In  entering  his  number,  such 
number  shall  be  filled  up  consecutively,  leaving  no  blank, 
and  in  names  they  shall  include  his  Christian  name  or 
names  in  full  as  well  as  his  surname.  In  the  column  as  lo 
"residence,"  shall  be  stated  the  name  of  the  street,  ave- 
nue, alley,  or  way  in  which  his  dwelling  is  located,  or  ac- 
cess to  the  same  usually  had,  and  the  number  of  the 
house,  if  it  has  one.  If  it  has  no  number,  a  definite  de- 
scription by  which  it  can  easily  be  found,  must  in  every 
such  case  be  given  and  entered.  If  there  be  more  houses 
than  the  one  under  the  number  so  given,  or  if  there  be 
other  families,  tenants,  or  lodgers  in  that  in  which  the  ap- 
plicant resides,  he  must  specify  in  which  house  and  on 
which  floor,  and  whether  front  or  rear  of  such  house,  he- 
resides,  and  the  number  or  location  of  his  tenement.  In 
the  column  as  to  age,  the  years  and  months  must  be 
stated,  and  if  the  applicant  is  not  at  the  time  twenty-one 
years  of  age  or  more,  the  words  'not  of  age,"  must  be  in- 
serted in  the  column  of  remarks.  In  the  column  as  to 
"term  of  residence,"  the  periods  of  years  and  months  of 
his  residence  in  the  precinct  and  state  must  both  be  stated. 
In  the  column  as  to  naturalization,  the  answer  "yes"  or 
"no,"  or  "native"  must  be  given  and  stated.  If  naturalized,, 
the  proper  certificate  or  evidence  must  be  produced.  The 
column  as  to  "date  of  registration"  must  be  filled  with  the 
date  on  which  the  application  was  actually  registered,  and 
none  other. 

3.  After  the  answers  of  the  applicants  to  the  ques- 
tions under  the  head  of  each  and  ever}^  column  have  been 
properly  entered  by  the  registrar  in  his  presence,  and  not 
until  then,  he  must  enter  his  signature  on  the  same  line, 
and  in  both  of  the  registers  in  the  column  "signatures."" 
Signatures,  when  made  by  a  mark,  must  be  attested  by 
at  least  one  subscribing  witness,  who  shall  be  an  elector, 
and  may  be  examined  by  the  registrars  under  oath  as  to 
his  knowledge  of  the  person  thus  attested,  and  in  such  case 
noted  by  the  registrars  on  the  registers  as  "sworn"  or 
"affirmed,"  as  the  case  may  be. 

4.  Each  of  the  registrars  shall  enter  the  statement 
of  the  applicants  in  the  duplicate  register  kept  by  him,  and 
both  shall  be  signed  by  the  applicant.  At  the  close  of  each 
day's  registration,  the  registrars  shall  compare  their  regis- 


OHIO    ELECTIOX    LAWS. 


loa 


Registers; 
where    de- 
posited. 


Voters    re- 
quired   to 
register. 


ters  with  each  other,  and  correct  any  discrepancies  in  form 
before  closing  them  for  the  day.  The  registrations  for  the 
day  shall  then  be  ruled  off  by  double  lines,  to  be  drawn  by 
the  registrars  across  the  page  in  ink,  and  immediately  under 
the  last-named  and  statement  so  registered.  And  the  reg-  Attestation 
istrars  shall  make  a  note  in  writing  under  such  double  line 
stating,  "close  of  the  first,  second,  etc.,  day's  registration," 
and  attest  the  same  by  their  signatures  in  both  registers. 
The  registers  shall  then  be  deposited  by  them  at  the  end  of 
each  day  at  the  office  of  the  board  of  deputy  state  super- 
visors. 

5.  All  registers,  when  not  in  the  official  use  of  the 
registrars,  or  the  judges  of  the  elections,  shall  at  all  times 
be  deposited  and  locked  up  in  the  office  of  the  board  of 
deputy  state  supervisors  of  such  city,  subject  to  be  pro- 
duced for  inspection  at  all  proper  times.     [97  v.  202.] 

Sec.  2926;'.  Every  male  person  who  is  a  citizen  of 
the  United  States,  and  a  lawful  resident  of  this  state,  and 
of  any  city  wherein  registration  is  required,  and  who  is, 
or  at  the  next  ensuing  election  in  such  city  will  be  enti- 
tled to  vote  therein,  shall,  on  application,  in  the  election 
precinct  where  he  lawfully  resides,  and  complying  with 
the  requirements  herein,  be  registered  as  a  resident  and 
elector  therein,  but  not  otherwise.  But  no  person  shall  be 
entitled  to  vote  at  any  election  in  any  such  city  unless  he 
shall  establish  his  residence  by  causing  himself  to  be  reg- 
istered in  the  precinct  where  he  shall  claim  to  reside,  in 
the  manner  and  at  the  time  required  herein,  nor  shall  any 
ballot  be  received  by  the  judges  at  any  election  under  any 
pretense  whatever,  unless  the  name  of  the  person  oflFering 
such  ballot  shall  have  been  entered  on  both  of  the  registers 
of  the  precinct  in  which  he  clafms  to  vote,  as  herein  pro- 
vided. And  it  shall  be  the  duty  of  every  elector  resident 
in  any  such  city  to  see  that  his  name  has  been  so  registered. 
But  any  elector  in  any  such  city  who  is  prevented  by  sick- 
ness or  physical  disability  from  appearing  before  the  reg- 
istrars, at  the  place  in  his  election  precinct,  on  the  days  for 
general  registration  may  apply  to  such  registrars  on  either 
of  said  days  by  his  affidavit,  made  before  any  judge  or 
justice  of  the  peace  or  notary  public  in  such  city;  such 
affidavit  shall  contain  a  full  and  proper  answer  to  each  and 
every  question  under  all  the  heads  or  columns  required 
for  registration,  and  shall  be  transmitted  to  such  registrars 
by  a  credible  person,  who  is  an  elector  of  such  precinct, 
and  personally  cognizant  of  the  sickness  and  disability  of 
such  applicant,  and  of  the  facts  stated  in  such  affidavit, ' 
and  who  shall  be  examined  by  such  registrars,  under  oath, 
in  the  premises.  And  if  satisfied  that  such  applicant  is 
a  resident  of  such  precinct,  and  that  he  is  then,  or  on  the 
day  of  the  next  election,  will  be,  qualified  to  vote  in  such 
precinct,  such  registrars  shall  enter  said  applicant  as  reg- 
istered, and  in  the  column   for  signatures  enter  the  word 


Registration 
of  persons 
disabled  by 
sickness,    etc. 


104 


OHIO    ELECTION    LAWS. 


Certificates  in 
case   of   re- 
moval or 
mistake. 


"affidavit,"  and  transmit  the  affidivit,  with  the  registers,  to 
the  judges  of  election,  and  such  registration  shall  be  suffi- 
cient.    [97  V.  204.] 

Sec.  2926^.  Any  elector  who,  being  the  head  of  a 
farnily,  and  duly  registered  in  the  precinct  where  he  then 
resided,  shall  remove  into  another  precinct  in  the  same  city, 
or  any  elector,  not  the  head  of  a  family,  duly  registered  in 
a  precinct  of  a  ward  where  he  then  resided,  who  shall  re- 
move into  another  precinct  in  the  same  ward,  may,  on 
any  of  the  days  of  general  registration,  apply  in  person 
to  the  registrars  of  his  previous  precinct  for  a  "removal 
certificate,"  and  the  same  shall  be  made  and  signed  by 
them,  certifying  his  said  registration,  with  all  its  parti- 
clars,  as  shown  on  their  registers,  but  adding  his  state- 
ment of  the  new  residence  and  precinct  to  which  he  has 
removed.  They  shall  then  immediately  cancel  his  regis- 
tration on  their  registers  by  drawing  double  lines  in  ink 
through  the  same,  and  noting  his  "removal"  and  the  ward 
and  precinct  to  which  he  has  removed  in  the  column  of 
"remarks,"  but  such  note  must  be  subscribed  by  such  ap- 
plicant. And  when  by  mistake  a  qualified  elector  has 
caused  himself  to  be  registered  in  a  precinct  which  was 
not  his  place  of  residence,  the  registrars  therein,  on  full 
arid  satisfactory  proof  that  such  error  was  committed  by 
mistake,  and  without  fraud  or  any  unlawful  intent,  may, 
on  his  personal  application  and  proof  of  his  true  residence, 
give  him  a  similar  certificate  as  in  case  of  a  removal,  and 
cancel  his  registration  in  the  same  manner  on  their  registers. 
And  the  certificates,  in  case  of  a  removal  or  mistake,  so 
granted,  shall,  if  presented  on  any  of  the  days  for  general 
registration,  or  between  the  hours  of  two-thirty  and  five- 
thirty  o'clock  on  Monday,  the  day  preceding  the  November 
election,  to  the  res^istrars  of  the  precinct  where  such  person 
so  certified  lawfully  resides,  and  proper  proof  therepf  made 
to  them,  shall  entitle  such  persons  to  be  registered  therein. 
Disposition  of  But  in  all  cases  where  registration  is  so  granted  upon  cer- 
cates.  tificates  from  the  registrars  of  other  precincts,  or  by  order 

of  the  board  of  deputy  state  supervisors  as  hereinafter  pro- 
vided, such  certificates  or  order  must  be  retained  by  the 
refristrars  to  whom  it  is  presented,  and  filed  by  them  in  the 
office  of  the  board  of  deputy  state  supervisors  and  preserved. 
Transfers.  But  uo  such  Certificate  or  transfer  shall  be  allowed  or  be 
of  any  validity  unless  certified  and  signed  by  both  of  the 
registrars  of  the  precinct  in  which  the  registration  was  first 
made.     [97  v.  204.] 

This  section  applies  where  after  registration  an  elector  re- 
moves to  another  precinct  of  the  same  city  prior  to  the  close  of 
registration.  If  he  so  removes  after  the  last  day  of  registration 
the  provisions  of  Sec.  2926m.  apply.     L.  10-31-06. 

Annual  repis-  Scc.  2g7^l.     On  Mondav  in  the  week  preceding  the 

November  election,  annually,  the  registrars  of  each  and 
every  election  precinct  shall  make  out  and  deliver  to  the 


■New  regiS' 
tration. 


OHIO    ELECTION    LAWS. 


105 


board  of  deputy  state  supervisors  in  such  city,  at  their 
■office,  a  true  Hst  of  the  names  of  all  the  electors  regis- 
tered by  them  in  their  respective  precincts,  arranged  in 
the  alphabetical  order  of  their  surname,  followed  by  their 
full  Christian  names  and  residences,  and  having  the  reg- 
istry number  of  each  prefixed.  This  list  shall  be  under  the 
following  heading,  namely:  "List  of  electors  registered 
in  ward ,  precinct ,  of  the  city  of  ;  on  the 


days  of 
—  name. 


-,  nineteen  hundred  and 


No. 


residence."  And  the  following  certi- 
ficate shall  be  annexed  at  the  end  of  the  list  and  signed 
by  both  of  the  registrars  of  the  several  precincts,  namely : 

"We,  the  undersigned  registrars  of  electors  in  ward 
-,  precinct ,  of  the  city  of ,  in  the  county 


Heading. 


'Certificate. 


of  ,  and  state  of  Ohio,  do  certify  that  the  foregoing 

list  is  a  true  and  correct  copy  of  the  names,  residences,  and 
registry  numbers  on  the  registers  of  said  precinct  of  all 
persons  who  have  been  registered  by  us  as  residents,  and 

qualified  electors  in  the  said  precinct,  this day  of 

in  the  year  nineteen  hundred  and ."    And  it  shall  be 

the  duty  of  the  board  of  deputy  state  supervisors  imme- 
diately to  cause  at  least  three  copies  of  the  list  for  each 
and  every  precinct  in  such  city,  respectively  to  be  printed 
on  broadside  sheets  of  thick  paper,  and  in  plain  type,  two 
of  which  lists  they  shall  cause  to  be  securely  posted  up 
at  the  polling  place  in  such  precinct,  three  days  or  more 
before  the  November  election,  annually,  and  also  before 
every  other  election.  The  third  copy  from  each  precinct 
shall  be  retained  by  the  board  of  deputy  state  supervisors 
and  annually  bound  tog:ether  in  a  volume  and  preserved  in 
their  office,  and  they  shall  cause  at  least  fifty  additional 
copies  of  such  list,  respectively,  to  be  printed  in  pamphlet 
form  for  immediate  distribution.  Said  registrars,  after 
makiner  and  returning  such  lists  to  the  board  of  deputy  state 
supervisors  shall  make  out  in  books,  to  be  preparied  and 
furnished  to  them  by  such  board,  duplicate  lists  of  all  the 
registered  electors  in  their  precinct,  arranged  alphabetically 
in  the  order  of  their  surnames,  followed  by  their  full  Chris- 
tian names,  ages,  and  residences  as  registered,  and  the 
registry  number  of  each,  prefixed.  The  books  to  be  pre- 
pared for  this  purpose  shall  be  ruled  in  columns,  with 
printed  headings,  as  follows,  namely:  Registry  number 
,  name ,  age ,  residence ,  voted ,  re- 
marks. These  lists  shall  be  carefully  compared  bv  the 
registrars  of  each  precinct  with  the  registers  thereof,  and 
with  each  other,  and  then  certified  by  them  in  the  form 
prescribed  for  the  lists  returned  to  the  board  of  deputy 
state  supervisors,  and  at  the  opening  of  the  polls  at  the 
next  succeeding  election,  shall  be  there  produced  by  them 
for  the  use  of  the  judges,  as  herein  provided.     [97  v.  205.] 


Posting    of 

lists. 


Bound   volume 
of    lists. 

Pamphlets. 


Duplicate 
registration 
lists   for   use 
at   polls. 


Comparison. 


106 


OHIO    ELECTION    LAWS. 


Meeting    lor 
granting     or 
receiving   cer- 
tificates    of 
removal   or 
mistake. 


Correction. 


Noting    of 
changes. 


Registration 
by    order    of 
board    of 
deputy    state 
supervisors. 


Such    orders, 
when  made. 


Meeting   on 
evening  prior 
to  election. 


Organi-ation. 

Securing    bal- 
lot-boxes   and 
accommoda- 
tions,   etc. 


Sec.  2926wK  On  Monday,  the  day  preceding  the  No- 
vember election  in  every  year,  the  registrars  of  each  and 
every  election  precinct  aforesaid,  shall  meet  at  two-thirty 
o'clock  in  the  afternoon,  at  the  polling  place  appointed  for 
holding  elections  therein,  and  -there  remain  in  session  until 
five-thirty  o'clock,  in  the  evening,  central  standard  time. 
At  this  meeting,  they  shall  receive  and  act  upon  any  appli- 
cation for  either  granting  or  receiving  certificates  of  re- 
moval or  correction  of  mistakes  as  herein  provided  for ;. 
and  if  any  material  error  or  mistake  in  the  description  of 
any  elector  in  such  precinct  has  been  discovered,  he  may 
appear  at  this  meeting,  and  on  good  cause  being  shown, 
the  registrars  may  then  correct  the  same.  But  any  change 
in  the  registers  which  shall  be  allowed  by  the  registrars  at 
such  meeting,  must  immediately  be  noted  by  them  in  the 
registers  and  also  in  the  books  containing  the  duplicate 
lists  for  the  use  of  the  judges  as  above  provided,  and  if  not 
then  and  there  so  noted,  shall  be  wholly  null,  and  disre- 
garded by  the  judges  of  election.  At  this  meeting,  also, 
and  subject  to  the  same  conditions,  any  qualified  elector 
of  such  precinct  may  be  registered  who  shall  appear  and 
present  an  order  requiring  it,  signed  by  not  less  than  three 
members  of  the  board  of  deputy  state  suoervisors ;  pro- 
vided, that  no  such  order  shall  be  made  or  considered  by 
such  board  of  deputy  state  supervisors,  except  in  a  session 
of  said  board  to  be  held  in  its  office  on  Saturady  and  Mon- 
day preceding  the  November  election  in  every  year,  and 
during  such  hours  as  may  be  prescribed  by  the  board  there- 
for, nor  unless  the  applicant  shall  appear  before  them  per- 
sonally at  such  sessions,  after  the  last  day  of  general  regis- 
tration, and  prove  to  their  satisfaction  that  he  could  not, 
by  due  diligence,  have  appeared  before  the  registrars  in  his 
proper  precinct  on  either  of  the  days  appointed  herein,  and 
shall  furthermore  comply  with  all  the  prescribed  require- 
ments for  general  registration.      [97  v.  206.] 

Where  an  elector  has  registered  more  than  once  In  the  same 
precinct,  the  registrars  of  such  precinct  should  make  correction  to 
show  but  one  registration.     L.   11-1-06. 

Sec.  2926;?.  On  Monday,  the  day  preceding  the  No- 
vember election  in  every  year,  the  registrars,  as  judges  of 
election,  and  the  other  two  judges  of  election  in  each  pre- 
cinct, shall  meet  at  the  polling  place  appointed  for  holding- 
the  election  therein  at  seven  o'clock  in  the  evening,  punctu- 
ally, and  then  and  there  organize  as  a  board  by  electing 
one  of  their  number,  by  ballot,  as  chairman.  If  they  fail 
so  to  elect  a  chairman  within  ten  minutes,  they  shall  im- 
mediately choose  a  chairman  by  drawing  lots.  They  shall 
at  this  meeting  make  all  necessary  arrangements  for  secur- 
ing the  ballot-boxes  and  the  proper  accommodations  for 
themselves  and  the  clerks  of  elections  in  receiving  and 
counting  ballots  at  the  ensuing  election,  and  also,  if  re- 
quested,  for  the  witnesses  and  challengers  designated  by 


OHIO    ELECTIOX    LAWS. 


107 


each  political  party  to  be  admitted  within  the  polling  rooms 
as  follows,  namely :  At  ever\^  election  the  executive  or 
principal  committee  of  each  political  party  presenting  one 
or  more  candidates  for  suffrage,  may,  by  writing,  certified 
by  its  chairman  and  secretary;  and  presented  to  the  judges 
of  election  at  or  before  this  meeting,  designate  not  more 
than  one  elector  of  such  city  as  witness,  and  one  other  elector 
as  a  challenger,  to  attend  at  such  election  in  behalf  of  such 
party.  It  shall  be  the  duty  of  the  judges  of  election  in 
each  and  every-  ward  or  election  precinct  to  admit  the 
witnesses  and  challengers  so  accredited,  into  the  polling 
room  with  themselves  and  the  clerks  at  the  ensuing  elec- 
tion, and  to  plate  them  so  near  to  themselves  and  f.ie  clerks, 
that  they  can  fully  and  conveniently  watch  every  proceed- 
ing of  the  judges  and  clerks  from  the  time  of  opening  to 
the  closing  of-  the  polls ;  no  other  person  except  the  wit- 
nesses and  the  judges  and  clerks  of  the  election  shall  be 
admitted  to  said  polHng  place  after  the  closing  of  the  polls 
until  the  counting,  certifying  and  signing  of  the  final  re- 
turns of  such  election  have  been  completed.  Before  open- 
ing the  polls  the  ballot-boxes  shall  be  opened,  if  requested 
by  a  witness,  so  that  the  inside  and  the  locks  and  keys  may 
b€  inspected  by  them.  No  ballot-box,  nor  any  ballot  when 
taken  from  it  for  counting,  shall  be  removed  or  screened 
from  the  constant  sight  of  such  witnesses  until  the  count- 
ing has  been  closed  and  the  certificate  of  the  final  returns 
completed  and  signed  by  the  judges.  The  challengers  so 
designated  shall  be  so  placed  that  they  can  fully  see  and 
meet  each  and  every  person  offering  a  ballot  to  the  judges 
or  either  of  them.  And  at  the  meeting  on  the  evening  of 
a  day  preceding  an  election,  any  elector  m.av  appear  and 
challenge  the  vote  of  any  person  named  in  the  register  of 
such  precinct,  and  the  word  "challenged"'  shall  immediately 
be  entered  by  the  judges  opposite  the  name  of  such  person 
on  both  of  the  duplicate  lists  of  electors,  and  if  he  shall 
offer  to  vote  at  any  election,  the  judges  shall,  uoon  such 
challenpfe,  examine  him  under  oath  as  to  his  qualifications 
as  an  elector  in  such  precinct.     [97  v.  207.] 

Ir  selecting  a  chairman  on  the  >.Ionday  evening  precedirg  the 
November  election,  the  choice  must  be  bj'  billot  or  hv  lot.  The 
rule  a«  to  "dominant  party"  does  not  aoply.     L.  10-26-06. 

See  note  to  Sec.  2966-3.  as  to  "Executive  Committee " 
See  also  Oliver  v.  Bode  3  N.  P.  298:   60  D.  57. 


Witnesses  and 
challengers. 


Their  admis- 
sion to  polling' 
place. 


Who   may   be 
present     dur- 
ing  count, 
etc,   of  votes* 


Inspection    of 
ballot-boxes 
Iseforc   open- 
ing of  pol!s. 


Same  to  be  ir» 
plain  view. 

Rights  of 
challengers. 


Challenge   off 
lists. 


Sec.  20260.  On  the  day  of  the  November  election  in 
ever}-  vear.  and  of  any  other  election  the  polls  shall  be 
opened  by  the  judges  of  elections  appointed  and  organized 
as  in  th's  ^ct  o'-ovided,  by  proclamation  made  by  the  chair- 
man, pt  the  hour  of  five-thirty  o'clock  in  the  morning, 
standgrd  time,  and  shall  be  closed  by  proclamation,  at  the 
hour  of  five-thirty  o'clock  in  the  afternoon. 

The  registrars  acting  as  judges  shall  punctually,,  at  the 
hour  of  opening  the  polls,  attend  and  produce,  at  the  polling 


Opening  and 
close  of  pollsi 


Duti;s  of  reg>- 
istrars  acting: 
as  judges. 


108 


OHIO    ELECTION    LAWS. 


Location   of 
ballot  -  box. 


Penalties. 


Challenges. 


places  in  the  several  precincts,  the  registers,  affidavits  of 
sick  or  absent  electors  and 'accompanying  papers,  and  also 
the  duplicate  certified  lists  of  electors,  prepared  by  them  as 
herein  required.  The  chairman  of  the  board  shall  at  once 
designate  two  members  of  the  board  of  judges  of  different 
political  parties,  each  to  hold  and  to  have  charge  of  one  of 
the  said. duplicate  Hsts ;  no  ballot  shall  be  deposited  in  the 
ballot-box  until  the  name  of  the  elector  oifering  it,  shall 
first  have  been  stated  by  him,  and  announced  aloud  by  the 
judge  holding  the  ballot,  nor  until  it  shall  have  been  found 
on  both  such  lists,  and  so  announced  by  both  of  the  judges 
holding  such  lists.  Every  ballot  must  be  put  in  the  ballot- 
box,  by  the  judge  who  receives  it  from  the  elector;  and 
such  judge  and  the  ballot-box  must  always  be  so  placed, 
and  the  ballot  be  so  held  forth  by  the  judge,  that  it  shall 
be  in  full  view  of  the  elector,  until  actually  put  into  the  box. 
For  any  wilful  violation  or  evasion  of  this  rule  by  any  such 
judge,  he  shall  at  once  be  expelled  from  his  office  by  the 
other  three  judges,  and  the  vacancy  filled  in  the  manner 
provided  by  section  2926^,  and  immediately  upon  the  de- 
positing of  the  ballot  in  the  box,  each  of  the  said  judges 
shall  check  ofT  the  name  of  such  elector  on  the  duplicate 
list,  held  by  him,  by  placing  a  "V"  distinctly  with  ink  in 
the  column  under  the  word  "voted,"  and  in  the  line  with 
the  elector's  name ;  provided,  that  it  shall  be  unlawful  for 
any  judges  or  clerks  of  election,  or  of  any  of  the  witnesses 
or  challengers,  admitted  into  the  polling  rooms  at  the  elec- 
tion, at  any  time  while  the  polls  are  open,  to  have  in  his  pos- 
session, or  to  distribute,  or  to  give  out  any  ballot  or  ticket 
to  any  person  on  any  pretense,  nor  during  the  counting  or 
certifying  of  the  votes,  to  have  any  ballot  or  ticket  in  his 
possession  or  control,  except  in  the  proper  discharge  of  his 
duty,  in  receiving,  counting  or  canvassing  the  votes  as  re- 
quired by  law ;  but  this  prohibition  shall  not  extend  to  the 
lawful  exercise  by  any  judge  or  clerk  of  elections,  or  wit- 
ness, or  challenger  aforesaid,  or  his  individual  right  to  vote 
at  such  election.  Any  registered  elector,  when  offering  to 
vote,  may  nevertheless  be  challenged  by  any  elector  as  a  non- 
resident, or  for  any  of  the  causes  allowed  by  law,  and  he 
shall  be  sworn,  and  the  same  proceedings  thereupon  had  as 
in  other  cases ;  in  all  cases  of  challenge  the  judges  holding 
the  duplicate  lists  aforesaid,  shall  note  the  word  "sworn" 
opposite  the  name  of  the  person  challenged.  And  except 
as  otherwise  required  herein,  the  judge  of  elections  ap- 
pointed, as  herein  provided,  shall  have  the  same  powers  and 
discharge  all  the  duties  conferred  or  required  by  the  general 
laws  of  the  state  regulating  elections.  But  except  where 
some  authority  or  duty  is  herein  alloted  to  one  of  said 
judges,  no  order  or  action  on  their  part  shall  be  of  any 
validity  without  the  concurrence  of  three  members  of  said 
board  of  judges  in  any  precinct.     [98  O.  L.  31.] 


OHIO   ELECTION    LAWS.  10^ 

When  the  said  section  is  construed  with  other  legislation  in 
pari  materia,  it  does  not  appear  that  it  denies  or  abridges  the 
right  of  citizens  to  vote.  The  said  section  is  intended  to,  and 
does  facilitate  rather  than  impede  the  exercise  of  the  right  of 
sufferage  and  it  is  reasonable,  uniform  and  impartial. 

Gentsch  et  al.  v.  State  Ex  rel.  McGarry,  et  al.  71  O. 
S.    151. 

Section  2926o,  Revised  Statutes,  is  a  law  of  a  general  nature 
and   operates   uniformly  throughout  the   state. 

Gentsch  et  al.  v.  State  Ex  rel.  McGarry,  et  al.  71   O. 
S.    151. 

Sec.  2g26p.     Immediately  upon  the  close  of  the  polls    certificate  and 
at  any  and  every   election   in   such  cities,  the  number  of    ^f*^t|ft^i*\io" 
electors   entered   and   shown  on  the  poll-books   as   having    cast. 
voted,   shall  be  first  certified   therein  and   signed   by   the 
board   of   judges   and   the   clerks;   and   before   any   other 
or   further   proceedings   the   chairman   of   the   board    shall 
make  a  proclamation  in  a  loud  voice  in  the  street  outside 
of  the  polling  room,  stating  the  number  of  voters  so  shown 
and  certified  on  the  poll-books.      The  number  of  electors    Electors 
who   shall   have   been   checked   on   each   of   the   duplicate    duphVale  °Hsts^ 
lists  as  having  voted,  shall  next  be.  counted  and  compared 
each   with  the  other,   and   with  the   number  so   shown   in 
the   poll-books,   and  the   result   shall   be  at  once   certified 
in  the  poll-book  and  signed  by  the  judges.    And  in  counting 
those  who  are  checked,  the  word  "no"  shall  at  the  same  tirre 
be  entered  in  ink  in  the  same  column  opposite  the  name 
of  each  and  every  elector  who  is  not  so  checked  off.     In    Questions  of 
all  cases  of  disagreement  or  doubt  on  any  question  during   doubt, 
the    election    or    counting,    the    judges    may    refer   to    the 
original    registers,    and    they    shall    be    conclusive    when 
relevant.      The    ballot-box    shall    then,    without    any    ad-    Opening  of 
joumment  or  delay  be  opened,  and  without  opening  any    ani^co^'untinr 
ballot  or  ascertaining  its   contents,   the  number  of  ballots    «*  ballots, 
shall  first  be  counted.      If  the  number  of  ballots  exceeds    Excess  of 
the  number  of  names  on  the  poll-books,  the  ballots  shall    destroyed.  **^ 
be  replaced  in  the  box,  and  one  of  the  judges  shall,  with 
his  back  to  the  box.  and  without  seeing  it,  draw  out,  with- 
out showing  them,  and  destrow  a  number  of  ballots  equal 
to  the  excess.     And,  if  during  the  counting  of  the  ballots 
or  at  the  conclusion  of  the  counting,  an  excess  of  ballots 
be  discovered,  all  the  ballots  shall  be  returned  to  the  box. 
and   after  being  thoroughly   mingled   the   excess   shall    in 
the  manner  directed  above,  be  drawn  out  and  destroyed, 
and  the  count  corrected  accordingly.      In  all  cases  where    Minute  of 
ballots  have  thus  been  drawn  out  and  destroyed,  a  minute    bafio™^^ 
of  the  number  destroyed  and  the  reason,  shall  be  made  on 
the  tally-sheet.     The  count  shall  then  commence  and  pro-    Completion  off 
ceed  without  interruption,  or  delay,  and  in  no  case  shall    *^°""*" 
cease  until  it  is  completed,  proclaimed,  and  the  final  result 
certified  as  herein  required.     As  soon  as  the  ballots  have 
been   counted   and   tallied,   and   the   clerks   have   estimated 
the    number    tallied     for    each    candidate,   -the    chairman 


10 


OHIO    ELECTION    LAWS. 


I'roclamation 
•of  result. 


'Certificate    of 
■result    for 
board   of 
deputy    state 
supervisors. 


Duty  of 
judges. 


Abstracting 
•result. 


Signing    of 
tally-sheets. 


Numbers;   how 
expressed. 


Session    of 
■board   of 
deputy  state 
:supervisors 
•on   day  of 
election. 


Reports  of 
election. 


Assignment 
of    police. 

Certificate   in 
case    of 
involuntary 
mistake  in 
registering. 


Notice   to 
registrars   and 
judges    of 
granting    of 
certificate  and 
cancellation 
of   erroneous 
registration. 


of  the  "board  shall  make  a  second  proclamation  in  the  same 
manner  as  the  first,  stating  the  whole  number  of  votes  -cast, 
and  the  number  counted  and  tallied  for  each  candidate ; 
and  this  proclamation  shall  be  prima  facie  proof  of  the 
result.  The  judges  and  clerks  in  every  precinct  shall  at 
the  same  time  make  out  and  certify  a  summary  state- 
ment of  the  number  of  votes  cast  therein,  and  the  num- 
ber counted  and  tallied  for  each  candidate  as  announced 
in  the  proclamation,  and  dispatch  the  same  without  delay 
by  a  special  messenger,  and  in  a  sealed  envelope  to  the 
board  of  deputy  state  supervisors  at  their  office.  The 
judges  of  election  shall  also,  as  soon  as  the  result  has 
been  proclaimed,  announce  it  to  the  board  of  deputy  state 
supervisors  from  the  nearest  police  station,  or  from  a 
telegraph  or  telephone  station  if  nearest  to  them..  At  the 
request  of  any  of  the  persons  designated  to  witness  the 
counting  of  the  ballots,  the  judges  and  clerks  of  elections 
shall  also  sign  and  deliver  to  him  a  certificate  containing 
the  samie  statements  as  required  to  be  made  to  the  board 
of  deputy  state  supervisors.  After  completing  the  count- 
ing and  enumeration  of  the  ballots,  and  proclaiming  and 
issuing  the  statement  of  the  result,  as  hereinbefore  di- 
rected, the  number  of  votes  for  each  person  shall  be  set 
down  in  the  tally-sheets,  under  the  inspection  of  the 
judges  and  certified  and  signed  by  them  in  manner  and 
form  as  prescribed  by  law.  In  all  certificates  the  number 
of  votes  shall  be  fully  written  out  in  words,  and  also  stated 
in  figures.     [97  v.  209.] 

Sec.  2926^.  The  board  of  deputy  state  supervisors 
shall  convene  in  session  at  their  office  at  five-thirty 
o'clock  a.  m.  on  the  day  of  every  election  in  such  cities, 
and  remain  in  session  continuously  until  the  statements 
giving  the  result  of  the  election,  as  required  above,  shall 
have  been  received  from  every  precinct  in  such  city.  The 
board  shall  have  power  to  employ  messengers,  to  use  the 
telephone  and  telegraph,  direct  the  police  force  of  the 
city,  and  use  any  other  lawful  means  to  secure  prompt 
and  correct  reports  from  the  election  judges,  as  above 
required.  The  police  authorities  shall  assign  at  least  one 
policeman  to  do  duty  in  each  precinct  on  every  day  of 
an  election.  The  board  shall  also  have  authority  during 
said  day,  in  case  any  elector  through ,  no  mistake  or  negli- , 
gence  of  his  own,  shall  have  been  registered  in  the  wrong 
precinct,  to  issue  to  such  elector  a  certificate  showing 
such  fact,  and  such  certificate  when  presented  by  such 
elector  to  the  proper  registrars  and  judges,  shall  entitle 
said  elector  to  vote  in  his  proper  precinct,  and  such  mis- 
take shall  be  noted  on  the  register.  When  any  such  cer- 
tificate is  issued,  the  board  of  deputy  state  supervisors 
shall  immediately  notify  the  registrars  and  judges  of 
election  of  the  precinct  wherein  such  elector  was  so  im- 
properly registered  of  the  issuing  of  such  certificate,  where- 


OHIO    ELECTION    LAWS. 


Ill 


upon  such  erroneous  registration  shall  be  cancelled  by  them, 
a  proper  note  thereof  being  made  in  the  column  for  '"re- 
m.arks."     [97  v.  210.] 

Sec.  2926r.  The  judges  of  elections,  after  having  set 
down  the  number  of  votes  for  each  person,  and  certified 
and  signed  the  same  in  the  poll-books  and  tally-sheets  in 
the  manner  prescribed  by  law,  shall  put  under  cover  one 
of  the  poll-books  and  tally-sheets,  seal  the  same,  and  direct 
it  to  the  clerk  of  the  court  of  common  pleas ;  the  other  poll- 
book  and  tally-sheet  shall  be  sealed  in  like  manner  and 
directed  to  the  board  of  deputy  state  supervisors ;  they 
shall  then  destroy  all  the  ballots  so  counted  or  found  in 
the  ballot-box  by  burning  the  same  completely ;  the  judges, 
before  separating,  shall  designate  two  of  their  number  as 
messengers  (by  lot  if  they  cannot  agree),  one  of  whom 
shall  personally  and  within  twenty  hburs  from  the  close 
of  the  polls,  deliver  to  the  clerk  of  the  court  of  common 
pleas  the  poll-book  and  tally-sheet  so  addressed  to  the  said 
clerk,  and  the  other  shall  personally  and  within  twenty 
hours,  as  above,  deliver  the  other  poll-book  and  tally-sheet 
to  the  board  of  deputy  state  supervisors  at  their  office ;  the 
chairman  of  the  precinct  board  of  elections  shall  safely 
return  the  registers,  the  duplicate  lists  made  therefrom,  the 
ballot  boxes  and  keys  thereof,  and  all  affidavits  or  papers 
accompanying  them  to  the  board  of  deputy  state  supervisors 
or  the  clerk,  at  their  office  within  twenty  hours ;  and  the 
judges  and  clerks  of  elections  shall  not  adjourn,  disperse, 
nor  cease  from  proceeding  as  hereinbefore  required,  until 
all  the  said  requirements  have  been  actually  executed  and 
completed  in  manner  and  form  as  prescribed  by  law.  [97 
V.  211.] 

No  express  provision  is  made  for  the  preservation  of  these 
returns  for  anj-  definite  time,  but  the  clerk  should  retain  such  re- 
turns in  a  suitable  place  for  a  reasonable  period  after  each  election. 
It  would  be  well  for  the  clerk  to  retain  them  for  at  least  one  jear. 
L.  4-3-05. 

Sec.  2926.^.  The  county  board  of  deputy  state  super- 
visors, on  demand  of  any  candidate,  shall  compare  the  re- 
turns as  received  by  the  county  clerk  from  the  precincts 
in  any  city  with  the  certified  statement  sent  by  the  judges 
of  elections  to  the  board  of  deputy  state  supervisors  as  herein 
required,  and  if  found  to  disagree',  the  number  certified  in 
the  statement  last  mentioned  shall  be  taken  as  correct  and 
counted,  unless  proof  of  their  returns  received  by  the 
county  clerk,  satisfactory  to  the  board  of  deputy  state  su- 
pervisors, shall  be  made  by  the  judges,  clerks,  and  wit- 
nesses of  the  counting.  And  for  the  purpose  of  adjusting 
such  discrepancy,  and  determining  the  true  result  of  the 
election,  the  board  of  deputy  state  supervisors  shall  also 
summon  witnesses  and  examine  them  under  oath,  as  to 
the  proceedings  and  proclamations  at  such  election  in  any 
precinct,  and  may  also  view  and  consider  as  part  of  the  rec- 


Disposition  of 
poll-books  and 
tally-sheets. 


Ballots    to    be 
burned. 


Return  of 
registers,    etc. 


Completion    of 
work  without 
adjournment. 


Adjustment  of 
■  liscrepancies 
hetween    re- 
turns to  clerk 
and   that  re- 
ceived   by 
board    of 
deputy  state 
super\-isors. 


112 


OHIO    ELECTION    LAWS. 


Salaries    of 
members    and 
clerk    of 
board    of 
deputy    state 
supervisors  in 
counties  con- 
taining regis- 
tration cities. 


Minimum 
compensation. 


Maximum 
compensation. 


How   addi- 
tional   com- 
pensation 
paid. 


ord,  the  poll-books  and  tally-sheets,  registers,  and  duplicate 
lists  made  therefrom,  and  deposited  as  herein  provided* 
but  such  inquiry  shall  be  limited  exclusively  to  determin- 
ing which  shall  be  adopted,  namely :  The  returns  as  received 
by  the  county  clerk,  or  the  certified  statement  as  received 
by  the  board  of  deputy  state  supervisors,  as  proof  of  the 
true  vote  at  the  close  of  the  polls  in  any  precinct.  [97 
V.  211.] 

It  is  the  duty  of  county  canvassers  to  correct  clerical  errors 
apparent  on  the  face  of  the  returns  made  to  the  clerk  of  the  court. 
E.sker  v.  McCoy,  5  O.  D.    (Reprint)   694. 

Sec.  2926^.  Each  deputy  state  supervisor,  in  coun- 
ties containing  cities  in  which  registration  is  required, 
shall,  in  addition  to  the  compensation  provided  in  section 
4  of  the  supervisory  election  law,  section  (2966-4),  re- 
ceive for  his  services  the  sum  of  five  dollars  for  each 
election  precinct  in  such  city;  and  the  clerk  in  such  coun- 
ties in  addition  to  his  compensation,  so  provided,  shall 
receive  for  his  services  the  sum  of  six  dollars  for  each 
election  precinct  in  such  city ;  and  the  compensation  so 
allowed  such  officers  during  any  year,  shall  be  deter- 
mined by  the  number  of  precincts  in  such  city  at  the  No- 
vember election  of  the  next  preceding  year.  Provided 
that  the  compensation  paid  to  each  of  said  deputy  state 
supervisors  under  this  section,  shall,  in  no  case,  be  less 
than  one  hundred  dollars  per  annum,  and  that  the  com- 
pensation paid  to  the  clerk  under  this  section,  shall  in  no 
case,  be  less  than  one  hundred  and  twenty-five  dollars  per 
annum;  and  provided,  further,  that,  in  such  counties,  the 
whole  amount  of  annual  compensation  paid  to  each  deputy 
state  supervisor  and  clerk  under  this  section  and  under 
section  4  of  the  supervisory  election  law,  section  (2966-4) 
shall  not  exceed,  in  any  one  year,  the  following :  In  counties 
containing  cities  having  a  population  of  three  hundred 
thousand  or  more,  as  ascertained  in  the  manner  provided 
in  section  2926a,  each  deputy  state  supervisor,  eighteen 
hundred  dollars,  and  the  clerk,  twenty-five  hundred  dollars ; 
in  counties  containing  cities  having  a  population  of  seventy- 
five  thousand  and  less  than  three  hundred  thousand,  each 
deputy  state  supervisor,  fifteen  hundred  dollars  and  the 
clerk,  two  thousand  dollars ;  in  counties  containing  cities 
having  a  population  of  fifty  thousand  and  less  than  seventy- 
five  thousand,  each  deputy  state  supervisor,  seven  hundred 
fifty  dollars,  and  the  clerk,  nine  hundred  dollars ;  in  counties 
containing  cities  having  a  population  of  twenty-five  thousand 
and  less  than  fifty  thousand,  each  deputy  state  supervisor, 
four  hundred  .dollars,  and  the  clerk,  five  hundred  dollars ;  in 
all  other  counties  containing  such  registration  cities,  each 
deputy  state  supervisor,  three  hundred  dollars,  and  the  clerk, 
four  hundred  dollars.  The  additional  compensation  provided 
by  this  section  shall  be  paid  monthly  from  the  city  treasury, 
on  warrants  drawn  by  the  city  auditor  upon  vouchers  signed 


OHIO   ELECTION    LAWS. 


iia 


by  the  chief  deputy  and  clerk  of  the  board.    The  registrars   Compensation 
of  each  election  precinct  shall  be  allowed  and  p^id  four  fudgef  ^d  ' 
dollars  per  day,  and  no  more,  nor  for  more  than  six  days    d?^- 
in  any  one  election,   for  theit  services  as  registrars.     In 
cities  containing  a  population  of  thirty  thousand  or  more 
the  judges  of  election,  including  the  registrars  as  judges, 
and  the  clerks  of  election,  shall  each  be  allowed  and  paid 
five  dollars  for  each  election  at  which  they  serve,  and  no 
more  either  from  the  city  or  county,  and  in  other  cities  they 
shall  each  be  allowed  and  paid  three  dollars  for  each  elec- 
tion at  which  they  serve,  and  no.  more,  either  from  the  city 
or  county.    But  no  registrar,  judge  or  clerk  shall  be  entitled 
to  the  compensation  so  fixed  except  upon  the  allowance  and 
order  of  the  board  of  deputy  state  supervisors,  made  at 
a   joint  session,   certifying  that  each   has   fully  perfomied 
his  duty,  according  to  law  as  such,  and  stating  the.  num- 
ber of  days'  service  actually  performed  by  each,  and  signed 
by  the  chief  deputy  and  clerk  of  the  board  to  the  city  or 
county  auditor.    But  for  all  November  elections  the  county    general  ex- 
in  which  such  city  is  located  shall  pay  the  general  expenses    penses-  of 
of  such  election  other  than  the  expenses  of  registration;    paid 'by 
and  such  allo\vance  and  order  for  such  expenses  and  com-    <=ounty. 
pensation  to  such  judges  and  clerk  shall  be  signed  by  the 
chief  deputy  and  clerk  of  such  board  to  the  county  auditor 
of  such  county,  who  shall  issue  his  warrants  upon  the  county 
treasury  for  such  amounts.     [97  v.  212.] 


Sec.  2926M.  Any  member  of  the  board  of  deputy  state 
supervisors  or  the  clerk  of  the  board,  may,  for  any  violation 
or  neglect  of  tlie  duties  prescribed  herein,  or  other  good 
and  sufficient  cause,  be  removed  at  any  time  by  the  state 
supervisor  of  elections,  and  the  vacancy  shall  be  filled  as 
hereinafter  provided.     [97  v.  213.] 

Sec,  2926z/.  The  preceding  provisions  shall  extend  to 
any  special  election  authorized  by  law  to  be  held  in  any 
registration  city,  as  follows :    , 

I.  There  shall  be  no  general  registration  as  pro- 
vided in  sections  2926/i  and  2926r,  but  on  Friday  and  Sat- 
urday in  the  second  week  before  any  such  election,  the 
registrars  for  each  precinct  shall  obtain  the  last  registers 
made  by  them  from  the  board  of  deputy  state  supervisors, 
and  attend  at  the  place  in  such  precinct  appointed  for  the 
registration  of  electors  between  the  hours  herein  directed 
for  the  purpose,  and  receive  applications  for  registration 
by  such  qualified  electors  residing  therein  as  are  not  already 
registered,  and  if  qualified,  shall  enter  the  same  in  the 
registers,  subject  to  the  same  rules  and  conditions  as  herein 
prescribed  as  to  general  registration,  and  they  shall  deliver 
certificates  of  cancellation  to  any  registered  elector  who  is 
not  the  head  of  a  family,  and  who  may  apply  to  them  to 
cancel  his  registration  on  account  of  his  removal  from  the 
precinct  in  which  he  was  registered  to  another  precinct, 
8      E   L 


Removal   of 
clerk  and 
members  of 
board. 


Special  elec- 
tions. 


Registration 
for   such 
elections. 


Certificates 
of    cancella- 
tion. 


114 


f)HIO    ELECTION    LAWS. 


Affidavits  of 
sick  and  dis 
abled  electors. 


Additions   to 
or  changes  in 
registers. 


Organization 
of  board  of 
judges. 


Poll-book; 
how   ad- 
dressed and 
delivered. 


Board  of  can- 
vassers, 
duties  of. 


Xew    or 
altered    wards 
and  precincts. 


and  they  shall  receive  such  certificate  from  any  elector  pre- 
senting the  same  and  allow  him  to  register,  if  he  be  otherwise 
qualified,  in  the  precinct  to  which  he  has  removed ;  provided 
that  on  the  day  of  election  he  will  be  an  actual  resident  in 
such  ward  for  twenty  days  immediately  preceding  such 
election;  and  they  shall  receive  affidavits  of  sick  and  dis- 
abled electors,  as  required  in  section  29261,  and  on  such 
days  and  at  their  meeting  on  the  evening  preceding  such 
election,  which  shall  be  held  between  the  hours  of  five  and 
seven  o'clock  in  the  afternoon,  they  shall  also  perform  the 
same  duties  prescribed  in  section  2926771.  The  board  of 
deputy  state  supervisors  may,  during  the  week  previous 
to  such  election,  issue  orders  for  registration,  which  orders, 
if  presented  at  the  meeting  for  organization,  held  the  even- 
ing before  such  election,  shall  be  received  by  the  rgistrars 
and  be  disposed  of  as  required  in  section  2926W.  And  any 
additions  or  changes  then  entered  by  them  in  their  regis- 
ters, shall  also  be  made  in  the  duplicate  list  of  voters,  which, 
after  being  carefully  compared  with  the  registers  and  with 
each  other  shall  be  produced  by  them,  together  with  the 
registers  of  such  precincts  at  the  opening  of  the  polls  on  the 
day  of  election,  and  then  be  used,  applied  and  disposed  of 
by  the  judges  in  all  respects  as  directed  in  section  29260. 

2.  At  seven  o'clock  in  the  evening  preceding  any  such 
election  the  registrars  for  each  and  every  precinct,  and  the 
other  two  judges  of  election  shall  meet  at  the  polling  place 
therein  appointed  for  such  election,  and  shall  then  and  there 
organize  as  a  board  of  judges  and  perform  the  other  duties 
prescribed  in  section  2926M  and  in  the  manner  therein 
directed. 

3.  The  poll-book  required  by  section  2926r  to  be  de- 
livered by  the  judges  of  election  to  the  clerk  of  the  court 
of  common  pleas,  shall  be  addressed  and  delivered  by  them 
to  the  auditor  of  such  city. 

4.  The'  board  of  canvassers  of  elections  in  each  such 
city  shall  be  composed  of  the  board  of  deputy  state  super- 
visors and  the  city  auditor  of  such  city.  Within  four  days 
after  such  election  in  such  city,  the  said  "board  of  can- 
vassers" shall  meet  at  the  office  of  the  board  of  deputy 
state  supervisors  at  ten  o'clock  in  the  forenoon,  at  the  call 
of  the  chief  deputy  state  supervisor,  and  organize  by  elect- 
ing a  chairman  and  secretary ;  the  returns  received  by  the 
city  auditor  shall  then  be  produced  by  him  and  opened  and 
canvassed  by  the  board  of  canvassers  as  prescribed  in  sec- 
tion 2926^  and  by  law. 

c,.  Whenever  a  new  ward  has  been  created,  or  the 
boundaries  of  any  ward  or  the  precincts  have  been  changed 
pfter  the  general  registration,  and  before  any  special  elec- 
1  ion  following,  it  shall  be  the  duty  of  the  board  of  deputy 
state  supervisors  to  appoint  election  officers,  rearrange  the 
voting  precincts,  provide  for  registration  of  electors  not 
already  registered,  make  new  registers,  and  certify  the  reg- 


OIIIC    ELECTION    LAWS. 

istration  of  registered  electors  whose  voting  precinct  has 
been  changed  and  make  all  necessary  arrangements  and 
regulations  for  holding  elections  in  such  new  or  altered 
wards  and  precincts;  provided,  that  the  right  of  any  regis- 
tered elector  to  vote  shall  not  be  prejudiced  by  any  error 
in  making  out  the  certified  lists  of  registered  voters.  [97 
V.  213.] 

The  action  of  the  board  of  elections  as  to  the  registration 
of  voters  in  cities  where  the  number  and  boundaries  of  the  wards 
are  changed  under  the  new  municipal  code,  is  controlled  by  Sec. 
2d26v-5,  Rev.  Stat.,  which  provides  that  whenever  any  new  ward 
has  been  created  or  the  boundaries  of  any  ward  changed  after  th< 
general  registration  and  before  the  April  election  following,  the 
Board  of  elections  shall  provide  for  the  registration  of  electors 
not  already  registered,  make  new  registers,  and  certify  the  regis- 
tration of  electors  whose  voting  precinct  has  been  changed,  and 
the  board  of  election  of  a  city  in  such  case  must  follow  the  course 
prescribed  in  said  section,  and  is  without  authority  to  hold  a  gen- 
eral registration  prior  to  the  April  election,  and  the  expenditure 
of  public  funds  for  such  a  purpose  is  a  misapplication  of  the  funds 
of  the  corporation  within  the  meaning  of  Sec.  1777  Revised  Statutes, 
and  will  be  enjoined. 

Columbus   V.   City   Board  of  Elections,   13   O.    D.   452. 

The  Brannock  Law  is  not  rendered  invalid  by  reason  of  the 
possibility  that  certain  persons  may  be  disfranchised  at  an  election 
thereunder  by  reason  of  the  construction  which  may  be  given  to 
Sec.  2926v  of  the  election  law.  Courts  will  presume  that  the  true 
construction  of  the  statute  will  be  adopted  and  the  elections  so 
conducted  as  to  give  every  elector  an  opportunity  to  register  and 
vote. 

Jeffrey,  Mayor,  v.  State  Ex  rel.  Butler,  4  C.  C.   (N.  S.^ 
494. 

An  elector  who  registers  prior  to  the  November  election  in 
the  precinct  where  he  then  resides  is  a  registered  elector  in  any 
new  or  altered  precinct  which  the  board  of  elections  may  establish, 
and  within  the  boundaries  of  which  his  residence  falls. 

Columbus  V.  City  Board  of  Elections,  13  O.  D.  452.  - 

Where  a  special  election  is  held  under  the  Erannoci<  law 
within  a  registration  city,  only  the  registrars  of  the  precincts  within 
the  local  option  district  should  attend  for  the  special  registration 
under  this  section.  The  board  of  deputy  supervisors  should  make 
arrangements  and  give  proper  notice  to  the  electors  of  other  pre- 
cincts so  that  the  board  may  issue  transfers  to  persons  who  have 
removed  from  precincts  outside  the  resident  district  to  precincts 
within  the  resident  district.  It  is  not  necessary  for  the  registrars 
to  attend  to  all  of  the  precincts  of  the  cit}'.     L.  7-19-05. 

Under  paragraph  5  of  this  section,  the  board  has  authority, 
where  the  boundaries  of  any  precinct  have  been  changed  after 
the  general  registration,  to  provide  for  the  registration  of  electors 
not  already  registered  and  make  new  registers  and  certify  the 
registration  of  registered  electors  whose  voting  precinct  has  been 
changed,  and  make  all  necessary  arrangements  and  regulations  for 
holding  elections  in  such  new  or  altered  wards  and  precincts.  L. 
2-20-05. 

Where  a  special  election  is  held  in  a  registration  city,  the 
registrations  provided  for  in  this  section  should  be  provided  by  the 
board  of  deputy  state  supervisors. 

Where  a  special  election  is  held  in  a  registration  city  for  the 
purpose  of  submitting  the  question  of  the  issue  of  bonds  to  a 
vote  of  the  people,  special  registration  must  be  conducted  as  pro- 
vided in  this  section  of  the  registration  law.     L.  4-21-05. 


115 


ne 


OHIO    ELECTION    LAWS. 


Permitting 
false    regis- 
tration. 


Refusing 
registration. 


Penalty. 


Inducing 

same, 

unlawfully. 


Inducing  neg- 
lect  of   duty. 


Penalty. 


Fraudulent 

registration; 

penalty. 


Inducing 

same: 

penalty. 


Obtaining 
registration 
by    personat- 
ing another; 
penalty. 


Hindering 
regfistration. 


Sec.  2926W.  I.  Any  registrar  of  electors,  or  other 
registering  officer,  who  enters  or  consents  to  the  entry  in 
any  register  or  duplicate  list  of  electors  in  any  precinct,  of 
the  name  of  any  person  whom  he  knows  or  has  good  reason 
to  believe  is  not  a  qualified  voter  in  such  precinct,  or  who 
on  request,  refuses,  neglects  or  .liinders  the  registration  of 
any-  person,  who  is  a  qualified  voter  in  such  precinct,  and 
offers  to  comply  with  the  requirements  of  the  law  for  that 
purpose,  shall  be  imprisoned  in  thfe  penitentiary  not  less 
than  one  year  nor  more  than  five  years. 

2.  Whoever,  by  any  gift,  promise  or  offer,  or  by  coer- 
cion, intimidation,  or  other  unlawful  means,  induces  or  in- 
fluences, or  attempts  to  induce  or  influence  any  registrar  of 
electors,  or  other  registering  officer,  to  enter  in  the  register 
or  duplicate  list  of  electors  in  any  precinct,  the  name  of  any 
person,  real  of  fictitious,  living  or  dead,  who  is  not  a  quali- 
fied elector  therein,  or  who  shall  fraudulently  induce  any 
registrar  or  registering  officer  to  refuse  registration  in  a. 
precinct  to 'any  person  lawfully  enitled  to  be  registered  as 
an  elector  therein,  or  unlawfully  prevent,  hinder  or  delay 
any  registrar  or  registering  officer  from  registering  any 
person  lawfully  entitled  to  be  registered,  or  to  induce  or 
influence  such  registrar  or  registering  officer  to  violate  or 
refuse  or  neglect  the  execution  of  any  rule  or  duty  touch- 
ing his  office  and  prescribed  by  law,  shall  be  imprisoned 
in  the  penitentiary  not  less  than  one  year  nor  more  than 
three  years. 

3.  Whoever  fraudulenty  and  knowingly  obtains  or 
attempts  to.  obtain  registration,  as  an  elector,  in  any  pre- 
cinct in  which  he  is  not  a  qualified  elector,  shall  be  im- 
prisoned in  the  penitentiary  not  less  than  one  year  nor 
more  than  three  years. 

4.  Whoever  knowingly  induces  or  attempts  to  induce, 
aid  or  abet  any  person  to  obtain  or  apply  for  registration 
as  an  elector  in  any  precinct  where  such  person  is  not  a 
qualified  elector,  shall  be  imprisoned  in  the  penitentiary  not 
less  than  one  year  nor  more  than  three  years. 

5.  Whoever  falsely  personates,  or  assumes  the  name 
of  any  other  person,  real  or  fictitious,  living  or  dead,  in 
obtaining  or  attempting  to  obtain  registration  in  such  as- 
sumed name  as  an  elector  in  any  precinct,  or  falsely  obtains 
or  applies  for  registration  as  an  elector  in  any  name  other 
than  his  own,  or  fraudulently  aids  or  abets  any  other  person 
in  committing  or  attempting  to  commit  either  of  said 
offenses,  shall  be  imprisoned  in  the  penitentiary  not  less 
than  two  years  nor  more  than  five  years. 

6.  Whoever  fraudulently  or  by  any  unlawful  means 
prevents,  hinders  or  delays,  or  attempts  to  prevent,  hinder 
or  delay  any  elector  from  applying  for  registration  as  an 
elector  in  the  precinct  where  such  elector  resides  and  is 
entitled  to  vote,  with  int^^nt  to  deprive  such  elector  of  his. 


OHIO    ELECTION    LAWS. 


117 


right  to  vote,  shall  be  imprisoned  in  the  county  jail  not  less 
than  thirty  days  nor  more  than  six  months,  and  lined  not 
less  than  fifty  dollars  nor  more  than  five  hundred  dollars. 

7.  Whoever  by  any  false  statement  or  other  unlawful 
means,  procures,  or  aids  or  attempts  to  procure  the  erasure 
or  striking  out  of  the  register  or  duplicate  list  in  ay  pre- 
cinct of  the  name  of  any  elector  who  is  qualified  elector 
therein,  shall  be  imprisoned  in  tlie  penitentiary  not  less 
than  one  year  nor  more  than  three  years. 

8.  Any  judge  or  clerk  of  election,  witness,  challenger, 
or  other  person  whatever  who  is  admitted  into  the  polling 
room  at  any  election,  and  who  at  any  time  from  the  open- 
ing of  the  polls,  until  the  ballots  are  finally  counted  and 
certified,  and  while  in  said  room  distributes  or  gives  out 
to  any  person  on  any  pretense,  or  brings  into  said  room, 
or  has  in  his  possession  or  control  any  ballot  or  ticket 
except  that  which  he  shair offer  to  the  judges  as  his  own 
vote  if  an  elector,  shall  be  fined  not  less  than  tw^enty-five 
dollars  nor  more  than  five  hundred  dollars,  or  imprisoned 
in  the  county  jail  not  less  than  thirty  days  nor  more  than 
one  year. 

9.  Any  judge  of  elections  who  shall  permit  any  ballot 
or  ticket  to  remain  or  be  in  the  ballot  box  at  the  opening  of 
the  polls,  or  be  put  into  the  ballot  box  at  any  time  during 
the  receiving,  counting,  and  certifying  the  ballots,  except 
when  lawfully  presented  by  an  elector  in  the,  course  of  an 
election,  shall  be  imprisoned  in  •  the  penitentiary  not  less 
than  two  years  nor  more  than  five  years. 

10.  Whoever  shall  be  guilty  of  wilful  and  corrupt 
false  swearing  or  affirmation,  upon  any  examination,  by  or 
before  any  registrar  or  registering  officer  authorized  by  this 
act,  shall  be  guilty  of  perjury,  and  imprisoned  in  the  peni- 
tentiary not  less  than  one  year  nor  more  than  five  years. 

11.  Any  member  of  the  board  of  deputy  state  super- 
visors, or  clerk  thereof,  or  any  registrar  of  electors  or 
judge  or  clerk  of  elections  in  any  city  who  shall  wilfully 
refuse  and  neglect  to  execute  and  perform  any  duty  pre- 
scribed by  law  to  be  done  or  performed  by  him,  shall  be 
fined  in  any  sum  not  less  than  fifty  dollars  nor  more  than 
five  hundred  dollars,  to  be  recovered  in  the  name  and  be- 
half of  such  city,  or  imprisoned  in  the  county  jail  not  less 
than  thirty  days  nor  more  than  one  year,  or  both,  in  the  dis- 
cretion of  the  court. 

12.  Whoever  makes,  issues,  utters  or  publishes  any 
false  or  counterfeit  certificate  of  registration  authorized  by 
this  act  to  be  granted  by  registrars  of  electors  and  boards 
of  deputy  state  supervisors,  or  fraudulently  alters  any  such 
certificate  granted  by  anv  said  officers,  or  who  makes,  issues, 
utters  or  publishes  any  false  certificate,  statement  or  procla- 
mation of  the  result  of  an  election,  knowing  such  certificate, 
statement  or  proclamation  to  be  false,  or  who  wilfully  de- 


Penalty. 


Procuring  un- 
lawful erasure 
in    registra- 
tion  lists; 
penalty. 


Distributing 
ballots  inside 
polling  room 


Penalty. 


Permitting 
ballots  in  box 
at  opening  of 
polls;    pen- 
alty. 


Perjury 
penalty. 


Neglect    of 
duty    by 
officers  of 
election ; 
penalty. 


Counterfeiting 
registration 
certificates, 
etc. 


118 


OHIO    ELECTION    LAWS. 


Penalty. 


Acting    as 
registrar, 
judge  or  clerk 
without    cer- 
tificate of  ap- 
pointment. 


Acting    as 
substitute 
without   no- 
tice,   etc. 

Neglect    to 
forward    no- 
tice. 


Penalty. 


stroys,  defaces  or  conceals  any  certificate  or  statement  of 
the  result  of  an  election  entrusted  to  him  or  his  care  for 
delivery,  shall  be  imprisoned  in  the  penitentiary  not  less 
than  two  years  or  [nor]  more  than  five  years. 

13.  Every  person  who  may  act  as  registrar,  judge  or 
clerk  of  election  without  having  received  his  certificate  of 
appointment  from  the  board  of  deputy  state  supervisors, 
except  the  judges  and  clerks  appointed  in  the  manner  here- 
in provided  in  section  2926^,  by  the  judges  to  fill  a  vacancy 
caused  by  absence  or  removal,  and  every  such  person  so 
appointed  by  the  judges  who  shall  act  without  notice  there- 
of having  been  sent  to  the  board  of  deputy  state  supervisors 
and  the  judges  who  make  such  appointment  and  neglect 
and  fail  to  send  notice  thereof  to  the  board  of  deputy  state 
supervisors,  and  every  person  to  whom  such  notive  for  the 
board  may  be  given  for  delivery  to  the  board  who  shall 
neglect  or  fail  to  deliver  the  same  as  promptly  as  possible 
shall  be  guilty  of  a  misdemeanor,  and  shall  be  fined  not 
more  than  one  hundred  dollars  nor  [or]  less  than  twenty- 
five  dollars,  or  imprisoned  thirty  days,  or  both  fined  and 
imprisoned.     [98  O.  L.  223.] 

A  dismissal  upon  the  charge  of  illegal  voting  under  Sec.  7047 
R.  S.  is  not  a  bar  against  prosecution  under  Sec.  2926w-3,   for   (at 
the  same  election)    falsely  and   fraudulently  obtaining   registration. 
In  re.  application  of  Dor.ahue,  4  N.  P.  296. 

As  to  suflficiencv  of  indictment  under  this  section,  see  Ebben- 
powell  V.   State  14  C.  C.  129. 


Council  may 
provide   for 
general    regis- 
tration  of 
electors   in 
municipality. 


AN  ACT. 

To   provide   for   a   general   registration   of   electors   in   villages    and 
cities  upon  action  of  the  council. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio : 
Section  i.  That  the  council  of  any  city  or  village  in 
which  registration  is  not  now  required  by  law  may  provide 
for  a  general  registration  of  electors  in  the  several  wards 
or  precincts  thereof  in  the  manner  and  at  the  times,  and 
on  the  days  now  provided  by  law  for  registration  in  cities 
which  now  or  hereafter  may  have  quadrennial  registration  ; 
and  when  the  council  so  provides,  no  person  shall  be  deemed 
or  held  to  have  acquired  a  legal  residence  in  any  ward  or 
election  precinct  in  any  village,  for  the  purpose  of  voting 
therein  at  any  election,  general  or  special,  nor  shall  he  be 
admitted  to  vote  at  any  election  therein,  unless  he  shall  have 
caused  himself  to  be  registered  as  an  elector  in  such  ward 
or  precinct  in  the  manner  and  at  the  time  now  required  by 
law  in  cities  which  now  have  or  hereafter  may  have  quad- 
rennial registration.     [98  O.  L.  270.] 

OPENING  AND  CLOSING  OF  POLLS. 
Whon  polls  to  Sec.   2929.      The   polls   shall   be   oncned   at   five-thirtv 

cios°ed!"^    *"' .  o'clock   central    standard   time    in   the    forenoon,   and   kept 


OHIO    ELECTION    LAWS.  11-9 

open  up  to  and  closed  at  five-thirty  o'clock  central  stand- 
ard time  in  the  afternoon  of  the  same  day  except  as  other- 
wise provided  in  section  29260.     [97  v.  217.] 

The  legislature  no  doubt  intended  that,  when  the  polls  are 
opened,  in  accordance  with  the  provisions  of  section  5  of  the  act 
of  May  3,  1852,  "to  regulate  the  election  -of  state  and  county 
officers,"  they  should  be  kept  open  until  the  hour  prescribed  for 
finally  closing  the  same ;  and  good  policy  as  well  as  the  conveni- 
ence of  voters  would  seem  to  require  that  this  legislative  intent 
should  be  observed.  But  in  this  respect  the  statute  is  directory ; 
and  a  departure  from  the  strict  observance  of  its  provisions  does 
not  necessarily  invalidate  an  election,  where  it  appears  that  no 
fraud  has  been  practiced  and  no  substantial  right  violated. 
Fry  V.  Booth,  19  O.   S.  25. 

Under  the  Act  of  May  3,  1852,  after  the  polls  of  an  election 
have  ,been  once  opened,  they  cannot  be  closed  for  any  purpose 
until  six  o'clock  in  the  afternoon  (the  time  then  fixed  by  law  — 
Ed.)   without  rendering  the  election  illegal  and  void. 

State  Ex  rel.  v.  Ritt  3  O.  D.   (Reprint)    475. 

Sec.  2937.     Immediately  before  proclamation  is  made    judges  to 
of  the  opening  of  the  polls,  the  judges,  or  one  of  them,    open  b.aiiot- 
in  the  presence  and  under  the  direction  of  the  others,  and    presence  of 
in  the  presence  of  the  people  there  assembled,  shall  open   spectators. 
the   ballot-boxes,   and   turn   them   upside    down,    so   as   to 
empty  them  of  anything  that  may  be  in  them,  and  offer 
to  such  persons  as  may  desire  it  the  privelege  of  exam- 
ining-the  same  in  the  presence  of  the  judges,  and  then 
lock  them;  and  the  boxes  shall  not  be  again  opened  till 
the  polls  are  closed,  and  the  counting  of  the  ballots  be- 
gins.     [67  V.  50,  §  3.]  ' 

LOITERING   WITHIN   SEVENTY-FIVE    FEET   OF 

POLLS. 

Sec.    2938.      At   all   elections    held    within    boundaries    To  prevent 
of    any    municipal    corporation    during   the    receiving   and    Jj'^'hin"slventy- 
counting    of    the    ballots    no    person    shall    congregate    or    five  feet  of 
loiter    upon     the     streets,     alleys    and     sidewalks     within    ^°  *' 
seventy-five   feet  of  the  polling  place  of  any  election,  or 
in   any   manner   hinder   or   delay   any   elector   in   reaching 
or  leaving  the  place  fixed  for  casting  his  ballot,  or  within 
such  distance  of  seventy-five  feet  to  give  or  to  tender  or 
exhibit  any   ballot   or  ticket  to   any   person   other   than   a 
judge  of  election,  or  to  exhibit  any  ticket  or  ballot  which   " 
he   intends   to   cast,   or   solicit  or   in   any   way   attempt   to 
influence  any  elector  in  casting  his  vote.     In  the  discharge 
of  their  duties,  the  judges  of  election  may,  if  necessary, 
appoint   and   require   any   elector  or  electors   to   aid   them 
in  making  known  their  orders  or  directions  and  in  enforc-  "^ 

ing  the  peace.  The  judges  of  election  or  any  of  them  may 
order  the  arrest  of  any  person  .violating  this  section,  but 
such  arrest  shall  not  prevent  such  person  from  voting  if 
he  is  entitled  to  do  so.  The  sheriff",  and  all  constables, 
policemen   and   officers   of   the   peace,   and   all   bystanders 


120 


OHIO    ELECTION    LAWS. 


at  any  election,  shall  immediately  obey  and  aid  in  enforc- 
ing any  and  every  lawful  order  made  by  the  judges   at 
any  election  in  execution  of  the  provisions  of  this  section. 
Penalty.  And   persons   wilfully   refusing  or   neglecting  to   perform 

any  of  the  duties  of  this  section  prescribed,  shall  be  fined 
not  less  than  five  dollars  nor  more  than  one  thousand 
dollars,  or  imprisoned  in  the  county  jail  not  less  than  five 
days  nor  more  than  thirty  days,  or  both;  provided  that 
nothing  in  this  section  shall  be  so  construed  as  to  con- 
flict with  sections  2926  to  2926?^,  inclusive.      [97  v.  217.] 

INTERFERENCE  WITH  VOTERS. 

When  judges  Sec.   295 1.      If  two   or  morc   persons   congregate  to- 

pl^rsons  as-  gcther  in  or  about  any  voting  place,  during  the  receiv- 
pr™dnc*t  to  ^^^  °^  ballots  thereat,  so  as  to  hinder  or  delay  any  elector 
disperse,  and  in  Casting  his  ballot,  the  judges  of  election,  upon  com- 
penaity.  plaint  made  thereof,   and   being   satisfied  that  substantial 

.  ground  of  complaint  exists,  shall .  order  all  such  persons 
to  disperse;  and  upon  refusal  so  to  disperse,  such  per- 
sons shall  each  be  fined  not  more  than  three  hundred  nor 
less  than  tweinty  dollars,  or  imprisoned  in  the  county 
jail  not  exceeding  six  months,  or  both.     [74  v.  215,  §  14.] 


Who    entitled 
to   vote. 


RESIDENCE. 

Sec.  2945.  No-  person  shall  be  permitted  to  vote  at 
any  election  unless  he  shall  have  been  a  resident  of  the 
state  for  one  year,  resident  of  the  county  for  thirty  days, 
and  resident  of  the  township,  village,  or  ward  of  a  city 
or  village,  for  twenty  days,  next  preceding  the  election 
at  which  he  offers  to  vote,  except  where  he  is  the  head 
of  a  family,  and  has  resided  in  the  state  and  in  the 
county  in  which  such  township,  village  or  ward  of  a 
city  or  village  is  situate,  the  length  of  time  required  to 
entitle  a  person  to  vote  under  the  provisions  of  this  title, 
and  shall,  bona  fide,  remove  with  *  his  family  from  one 
ward  to  any* other  ward  in  such  city  or  village,  or  from 
a  ward  of  such  city  or  village  to  a  township  or  village 
in  the  same  county,  or  from  a  township  or  village  to  a 
ward  of  a  city  or  village  in  the  same  county,  or  from  one 
township  to  another  in  the  same  county,  in  which  cases 
such  person  shall  have  the  right  to  vote  in  such  town- 
ship, village,  or  ward  of  a  city  or  village,  without  having 
resided  therein  .the  length  of  time  above  described  to 
entitle  a  person  to  vote ;  provided,  that  such  voter  so 
removing  with  his  family  from  a  township  to  a  village, 
or  ward  of  a  city  or  village,  in  the  same  county,  shall  not 
have  the  right  to  vote  at  any  municipal  election  held  in 
such  city  or  village,  unless  he  shall  have  resided  therein 
twenty  days  prior  to  such  municipal  election.  [75  v.  15, 
16,  §  I.] 


residence. 


OHIO    ELECTION'    LAWS.  1^-1 

Sec.    2946.      All    judges    of    election,    in    determining    Rules  to  goy- 
the  residence  of  a  person  offering  to  vote,  shall  be  gov-   "^teraiimng"* 
erened  by  the  following  rules,  so  far  as  the  same  may  be 
applicable : 

1.  That  place  shall  be  considered  the  residence  of 
a  person  in  which  his  habitation  is  fixed,  and  to  which, 
whenever  he  is  absent,  he  has  the  intention  of  return- 
ing. 

2.  A  person  shall  not  be  considered  to  have  lost  his 
residence  w'ho  leaves  his  home,  and  goes  into  another 
state,  or  county  of  this  state,  for  temporary  purposes 
merely,  w-ith  the  intention  of  returning. 

3.  A  person  shall  not  be  considered  to  have  gained 
a  residence  in  any  county  of  this  state,  into  which  he 
comes  for  temporary  purposes  merely,  without  the  inten- 
tion of  making  such  county  his  home. 

4.  The  place  where  the  family  of  a  married  man 
resides  shall  be  considered  and  held  to  be  his  place  of 
residence,  except  where  the  husband  and  wife  have  sep- 
arated and  live  apart,  then  the  place  where  they  resided 
at  the  time  of  the  separation  shall  be  considered  and  held 
to  be  his  place  of  residence,  unless  he  afterw'ard,  and 
during  the  time  of  such  separation,  remove  from  such 
place,  in  which  case  the  county,  township,  city,  or  village 
in  which  he  resides  the  length  of  time  required  by  the 
provisions  of  this  section  to  entitle  a  person  to  vote,  shall 
be  considered  and  held  to  be  his  place  of  residence. 

5.  If  a  person  move  to  another  state  with  an  inten- 
tion to  make  it  hi-s  permanent  residence,  he  shall  be  con- 
sidered to  have  lost  his  residence,  in  this  state. 

6.  If  a  person  remove  to  another  state,  with  an  in- 
tention of  remaining  there  an  indefinite  time,  and  as  a 
place  of  present  residence,  he  shall  be  considered  to  have 
lost  his  residence  in  this  state,  notwithstanding  he  may 
entertain  an  intention  to  return  at  some  future  period. 

7.  The  mere  intention  to  acquire  a  new  residence, 
without  the  fact  of  removal,  shall  avail  nothing;  Tieither 
shall  the  fact  of  removal  without  the  intention. 

8.  If  a  person  go  into  another  state,  and  while  there 
exercise  the  right  of  a  citizen  by  voting,  he  shall  be  con- 
sidered to  have  lost  his  residence  in  this  state. 

9.  All  questions  of  the  right  to  vote  shall  be  heard 
and  determined  by  the  judges  of  election.     [75  v.  16,  §  i.] 

The  question  of  qualification  of  a  voter  must  be  decided  by 
the  judges  of  election,  ?t  the  time  he  presents  himself  to  vote, 
and  their  decision  must  bo  governed  by  the  instructions  prepared 
and  furnished  by  the  Secretary  of  State  under  Sec.  2966-14  R.  S. 
L.  11-5-06. 

A  resident  of  the  District  of  Columbia  or  other  federal  terri 
tory,  while  engaged  in  the  government  service,  may  elect  a  place 
of  residence  for  voting  purposes  elsewhere.  But  he  must  haVe  a 
clear  intention  of  returning  to  such  voting  residence  as  soon  as  his 
temporary-  employment  in  the  service  of  the  government  has  ended. 
L.  11-9-06. 


122 


OHIO    ELECTION    LAWS. 


Where    in- 
mates  of   sol- 
diers'    home 
may  vote. 


Cincinnati, 
legal  resi- 
dence   of    in- 
mates  of  city 
infirmary. 


Defining   the 
legal   resi- 
dence  of   in- 
mates  of   in- 
firmaries   in 
certain    cities. 


Defining  legal 
residence    of 
inmates  of  in- 
firmaries. 


The  vote  of  a  man  otherwise  qualified,  who  is  not  a  lunatic  or 
idiot,  but  whose  faculties  are  greatly  enfeebled  by  age,  ought  not 
to  be  rejected. 

Sinks  V.  Reese,  19  O.  S.  307. 

Sec.  2947.  Disabled  soldiers,  who  are  inmates  of  a 
national  asylum  for  disabled  volunteer  soldiers,  who  are 
citizens  of  the  United  States,  and  have  resided  in  this  state 
one  year  next  preceding  the  election,  and  are  otherwise 
qualified  as  to  age  and  residence  within  the  county  and 
township,  shall  be  held  and  deemed  to  have  their  lawful 
residence  in  the  county  and  township  in  which  such  asylum 
is  located.     [67  v.  98,  §  i-] 

See  Renner  v.   Bennett,  21   O.   S.   431. 

(2947 — I.)  Sec  I.  The  legal  residence  of  any  quali- 
fied elector,  who  may  be  an  inmate  of  any  infirmary  owned 
or  maintained  by  any  city  of  the  first  grade  of  the  first  class, 
shall  be  the  ward  or  precinct  of  such  city  where  said  inmate 
was  domiciled  or  resident  at  the  time  of  his  admission  to 
said  infirmary,  and  shall  so  continue  during  the  time  he 
may  be  an  inmate  thereof.     [87  v.   124.] 

(2947 — 2.)  Sec.  I.  The  legal  residence  of  any  quali- 
fied elector,  who  may  be  an  inmate  of  any  infirmary  owned 
or  maintained  by  any  city  of  the  first  or  second  class,  shall 
be  the  ward  or  precinct  of  such  city  where  said  inmate  was 
domiciled  or  resident  at  the  time  of  his  admission  to  said 
infirmary,  and  shall  so  continue  during  the  time  he  may  be 
an  inmate  thereof.     [87  v.  316.] 

(2947 — 3).  Sec.  I.  The  legal  residence  of  any  quali- 
fied elector,  who  may  be  an  inmate  of  an  infirmary  in 
any  county  of  the  state,  having  a  population  at  the  last  fed- 
eral census,  in  1880,,  and  which,  at  any  subsequent  federal 
census,  may  have  a  population, of  42,871,  shall  be  the  ward, 
precinct  or  township  of  such  city  or  county  where  said  in- 
mate was  domiciled  or  resident  at  the  time  of  his  admission 
to  said  infirmary,  and  shall  continue  during  the  time  he  may 
be  an  inmate  thereof.     [86  v.  244.] 

See  Sturgeon  v.  Korte,  34  O.  S.  525. 


When  may 
challenge  a 
person   offer- 
ing to  vote. 


How  judges 
to    proceed 
when    person 
offering   to 
vote  is   chal- 
lenged. 


CHALLENGES. 

Sec.  2939.  Judges  of  election  shall,  and  any  elector 
may,  challenge  every  person  ofifering  to  vote,  whom  they 
know  or  suspect  is  not  duly  qualified  as  an  elector  under 
the  constitution  and  laws  of  the  state.     [39  v.  13,  §  18.] 

Sec.  2940.  If  a  person  oflfering  to  vote  be  challenged 
as  unqualified,  one  of  the  judges  shall  tender  to  him  the 
following  oath:  "You  do  swear  (or  affirm)  that  you  will 
fully  and  truly  answer  all  questions  as  shall  be  put  to  you 
touching  your  place  of  residence,  and  qualifications  as  an 
elector  at  this  electioji." 


OHIO    ELECTION    LAWS. 

'First  —  If  the  person  be  challenged  as  unqualified  on 
the  ground  that  he  is  not  a  citizen,  the  judges,  or  one  of 
them,  shall  put  the  following  questions: 

1.  Are  you  a  citizen  of  the  United  States? 

2.  Are  you  a  native  or  naturalized  citizen? 

If  the  person  offering  to  vote  claims  to  be  a  natural-' 
ized  citizen  of  the  United  States,  he  shall,  before  his  vote 
shall  be  received,  produce,  for  the  inspection  of  the 
judges  of  the  election,  a  certificate  of  his  naturalization, 
and  also  state  under  oath  or  affirmation,  that  he  is  the 
identical  person  named  therein ;  but  the  production  of  the 
certificate  shall  be  dispensed  with  if  the  person  offering 
to  vote  state,  under  oath,  when  and  where  he  was  nat- 
uralized, that  he  has  had  a  certificate  of  naturalization, 
and  that,  against  his  will,  the  same  is  lost,  destroyed,  or 
beyond  his  power  to  produce  to  the  judges  of  the  elec- 
tion ;  or  if  he  state,  under  oath,  that  by  reason  of  the 
naturalization  of  his  parents,  or  one  of  them,  he  has  be- 
come a  citizen  of  the  United  States,  and  when  and  where 
his  parent  or  parents  were  naturalized,  the  certificate  of 
naturalization  need  not  be  produced. 

Second  —  If  the  person  be  challenged  as  unqualified 
on  the  ground  that  he  has  not  resided  in  this  state  for  one 
year  immediately  preceding  the  election,  the  judges,  or  one 
of  them,  shall  put  the  following  questions : 

1.  Have  you  resided  in  this  state  for  one  year  im- 
mediately preceding  this  election? 

2.  Have  you  been  absent  from  this  state  within  the 
year  immediately  preceding  this  election?     If  yes,  then — 

3.  When  you  left  this  state  did  you  leave  for  a  temp- 
orary purpose,  with  the  design  of  returning,  or  for  the 
purpose  of  remaining  away? 

4.  Did  you.  while  absent,  look  upon  and  regard  this 
state  as  your  home? 

5.  Did  you,  while  absent,  vote  in  any  other  state? 

Third  —  If  the  person  be  challenged  as  unqualified  on 
the  -round  that  he  is  not  a  resident  of  the  county  or 
precinct  where  he  offers  to  vote,  the  judges,  or  one  of  them, 
shall  put  the  following  questions : 

1.  Have  you  resided  in  this  county  for  thirty  days 
last  past?  , 

2.  Have  you  resided  in  this  precinct  for  twenty  days 
last  past? 

3.  When  did  you  last  come  into  this  county? 

4.  When  you  came  into  this  county  did  you  come 
for  a  temporary  purpose  merely,  or  for  the  purpose  of  mak- 
ing it  your  home? 

5.  Did  you  come  into  this  county  for  the  purpose  of 
voting  in  this  county? 

6.  Are  vou  now  an  actual  resident  of  this  precinct? 


123 


124 


OHIO    ELECTION    LAWS. 


If  he   refuses 
to  answer  any 
question,  vote 
to  be  rejected. 


Further  oath 
if    challenge 
not    with- 
drawn. 


Rejection    of 
vote  of  person 
who  refuses 
to  take  oath, 
or  is  not  a 
legal  voter; 
oaths  of  wit- 
nesses. 


When  clerk  to 
enter  on  poll- 
book  the  word 
"sworn." 


How  ballot  to 
be  received 
and  deposited, 


Fourth  —  If  the  person  be  challenged  as  unqualified 
on  the  ground  that  he  is  not  twenty-one  years  of  age,  the 
judges,  or  one  of  them,  shall  put  the  following  question: 

Are  you  twenty-one  years  of  age,  to  the  best  of  your 
knowledge  and  belief? 

The  judges  of  election,  or  one  of  them,  shall  put  all 
such  other  questions  to  the  person  challenged,  under  the 
respective  heads  aforesaid,  as  may  be  necessary  to  test  his 
qualifications  as  an  elector  at  that  election.  [54  v.  136, 
§  I3-] 

See  Esker  v.   McCoy  50  O.  D.    (Reprint)    694. 

Sec.  2941.  If  a  person  challenged  refuse  to  answer 
fully  any  question  put  to  him,  as  provided  in  the  last  pre- 
ceding section,  the  judges  shall  reject  his  vote.     [39  v.  13, 

§14-] 

Sec.  2942.  If  the  challenge  be  not  withdrawn  after 
the  person  ofifering  to  vote  has  answered  the  questions 
put  to  him  as  aforesaid,  one  of  the  judges  of  election  shall 
tender  to  him  the  following  oath :  "You  do  solemnly  swear 
(or  affirm)  that  you  are  a  citizen  of  the  United  States,  of 
the  age  of  twenty-one  years ;  that  you  have  -been  an  in- 
habitant of  this  state  for  one  year  next  preceding  this  elec- 
tion ;  that  you  are  now  an  actual  resident  of  this  preomct ; 
and  that  you  have  not  voted  at  this  election."     [39  v.  13, 

§  I5-] 

Sec.  2943.  If  any  person  refuses  to  take  the  oath  so 
tendered,  his  vote  shall  be  rejected ;  and  after  such  oath 
has  been  taken  a  majority  of  the  judges  may  refuse  to 
permit  such  person  to  vote  if  they  are  satisfied  from  record 
evidence,  or  the  testimony  adduced  before  them  that  he  is 
not  a  legal  voter ;  otherwise  the  vote  shall  be  accepted ; 
and  they  may  administer  the  necessary  oaths  to  all  witnesses 
brought  before  them  to  testify  to  the  qualifications  of  the 
person  offering  to  vote.     [90  v.  310.] 

See  Jeffries  v.  Ankenny  11  O.  372. 

Sec.  2944.  Whenever  the  vote  of  any  person  is  re- 
ceived after  he  has  taken  the  oath  prescribed  in  section  two 
thousand  nine  hundred  and  forty-two,  the  clerks  of  election 
shall  write  on  the  poll-book,  at  the  end  of  such  person's 
name,  the  word  "sworn."     [39  v.  13,  §  17.] 

Sec.  2950.  The  judge  to  whom  a  ticket  is  delivered 
shall,  upon  the  receipt  thereof,  pronounce  with  an  audible 
voice' the  name  of  the  elector;  and  if  no  objection  be  made 
as  to  the  right  of  such  elector  to  vote,  and  the  judges  are 
satisfied  that  he  .is  a  citizen  of  the  United  States,  and 
legally  entitled,  according  to  the  constitution  -and  laws  of 
this  state,  to  vote  at  the  election,  he  shall  immediately  put 
the  ticket  into  the  box,  without  inspecting  the  names  writ- 
ten or  printed  thereon ;  and  the  clerks  of  the  election  shall 
enter  the  name  of  the  elector,  and  number,  in  the  poll- 
books,  in  the  manner  and  form  provided  by  law.  [97  v. 
217.1 


OHIO   ELECTION    LAWS. 


BALLOT  LAWS. 


125 


(2966-13.)      Sec.    I.     That   hereafter  elections  of  all    Conduct  of 
public  officers,  except  road  Supervisors,  and  all  officers  of    pubHo'officers. 
original   surveyed   townships,    in   this   state,   shall   be   con- 
ducted according  to  the  provisions  of  this  act  and  existing 
laws  not  inconsistent  therewith.      [97  v.  225.] 

Non-observance  of  the  requirements^  of  the.  election  law  which 
did  not  affect  the  result  of  the  election,  its  fairness  and  honesty, 
did  not  invalidate  the  election,  although  the  requirements  are  man- 
datory in  form. 

Gregg  V.  Rogers,  1  N.  P.  117. 

Election  laws  are  to  be  construed  liberally  so  as  to  preserve, 
if  possible,  and  not  defeat  the  choice  of  the  people  as  expressed 
at  an  election. 

Fike  V.  State,  4  C.  C.   (N.  S.)   81. 

A  special  election  in  a  city  to  vote  on  the  question  of  con- 
structing a  new  school  building,  or  the  issue  of  bonds,  should  be 
conducted  by  the  deputy  state  supervisors,  and  held  at  the  regular 
voting  precinct.     L.  6-18-03.  r 

Nominations  of  manager  of  agfricultural  societies  is  not  re- 
quired to  be  made  in  accordance  with  the  ballot  laws,  but  may 
be  governed  solely  by  the  action  of  the  board  of  agriculture  of  the 
state  or  county  under  whose  auspices  such  elections  are  held,  such 
name  should  not  be  placed  upon  the  regular  ballot.     L.  9-28-03. 

Member  of  the  County  Agricultural  Board  is  not  a  public 
officer  within  the  meaning  of  this  section.     L.  10-12-03. 

(2966-14.)      Sec.  2.     In  addition   to  the  duties  now    rorms  for 
imposed  on  him  bv  law,  the  secretarv  of  state  shall  pre-    §"'dance  of 

1     r  •    1       '         1  J  '  .  .     K  deputy  sUte 

pare  and  lurnish  to  the  deputy  state  supervisors  ot  elec-    siperi-isors  of 
tions,  for  their  guidance,  forms  of  all  the  blanks,  cards  of    ^'^*^*"'°^- 
instruction,    including   poll-books    and   tally-sheets,    certifi- 
cates of  nomination  and  designs,  provided  for  hereinafter, 
for  the  conduct  of  elections  in  this  state.     [90  v.  268.] 

Sec.  2966-17.     No  person  being  a  candidate  for  any    c^nriidate  in- 
office  to  be  filled  at  an  election  shall  serve  as  deputy  state    eligible  as 
supervisor  of  clprk  thereof,  or  as  a  judge  or  clerk  of  elec-    supervisor  or 
tions   in   any   precinct   at   such    election ;   and    any    person    oi^as  j^dge°o'r 
serving  as  deputy  state  supen'isor  or  clerk  thereof,  judge    ^^^^  °^  «•«<=- 
or  clerk  of  election  contrary  to  the  provisions  of  this  sec- 
tion, shall  be  ineligible  to  any  office  to  which  he  may  be 
elected  at  such  election.     [95  v.  47.] 

An  officer  of  a  municipality  may  act  as  a  member  .  of  the 
board  if  his  duties  as  such  officer  do  not  interfere  with  his  duties 
as  a  member  of  the  board.  But  when  a  deputy  supervisor,  or  a 
clerk  of  the  board  becomes  a  candidate  on  the  ticket  at  an  elec- 
tion under  control  of  the  board  of  deputy  state  supervisors,  such 
officers  must  resign  from  the  latter  board.     L.  10-15-06. 

Where  the  presiding  judge  of  an  election  was  a  candidate 
for  an  office  to  be  voted  for  at  such  election,  such  judge  so  acted 


126 


OHIO    ELECTION    LAWS. 


in  violation  of  this  section,  but  such  illegal  action  would  not  render 
invalid  the  election  of  any  other  candidate  elected  at  such  election. 
L.  4-11-03. 


Nominations 
of  candidates. 


Certificate   of 
nomination. 


NOMINATIONS.        ,      , 

(2966-18.)  Sec.  6.  Nominations  of  candidates  for 
public  office  may  be  made  as  herein  provided,  and  when 
not  invalidated  or  withdrawn,*  the  names  of  such  candi- 
dates shall  be  printed  on  the  ballots.  Any  convention, 
caucus,  meeting  of  qualified  electors,  primary  election  held 
by  such  electors,  or  central  or  executive  committee,  repre- 
senting a  political  party,  which  at  the  next  preceding  gen- 
eral election  polled  at  least  one  per  cent,  of  the  entire  vote 
cast  in  the  state,  may  make  one  nomination  for  each  office 
to  be  filled  at  the  followin;j^  election,  which  nomination,  to 
be  valid,  must  be  certified  as  hereinafter  provided.  Every 
certificate  of  nomination  shall  state  such  facts  as  are  in  this 
ret  required  for  its  acceptance,  and  shall  be  signed  by  the 
proper  officers  of  such  convention,  caucus,  meeting,  primary 
election  or  committee,  who  shall  add  to  their  signatures 
their  places  of  residence  and  post-office  address,  and  make 
oath  before  an  officer  qualified  to  administer  the  same,  that 
the  facts  stated  in  the  certificate  are  true  to  the  best  of 
their  knowledge  and  belief.  A  certificate  of  the  oath  shall 
be  annexed  to  the  certificate  of  nomination.  Such  certifi- 
cate of  nomination  shall  also  state  the  names  and  address 
of  a  committee  authorized  to  represent  such  political  party, 
and  such  committee  shall  have  power  to  fill  vacancies  which 
may  occur  in  .the  list  of  nominations,  unless  it  be  otherwise 
specially  ordered  at  the  time  of  the  selection  of  such  com- 
mittee and  so  certified.     [89  v.  434.] 

Within  the  meaning  of  section  2966-18,  Revised  Statutes,  thfe 
chairman  and  secretary  of  a  nominating  convention  are  "projler 
officers"  to  execute  certificate  of  nominations  made  by  such  con- 
vention. 

State  Ex  rel.  Milner  v.  Jones,  Secretary,  74  O.  S.  418. 

A  person  who  acts  as  secretary  of  two  rival  conventions  may 
be  compelled  by  mandamus  to  execute  certificates  of  nomination 
made  by  each  convention,  in  order  that  rival  candidates  may  pre- 
sent their  claims  for  determination  by  the  election  board  named  in 
Section  2966-23,  Revised  Statutes. 

State  Ex  rel.  Milner  v.  Jones,  Secretary.  74  O.  S.  418. 

Upon  application  of  this  character  the  court  will  consider 
only  questions  relating  to  the  relator's  right  to  such  certificate  of 
nomination,  leaving  all  questions  involved  in  the  validity  of  the 
claims  of  rival  candidates  to  be  the  nominee  to  be  determined  by 
said  election  board. 

State  Ex  rel.  Milner  v.  Jones,  Secretary.  74  O.  S.  418. 
Political  parties,  being  voluntary  associations,  the  conventions 
of  such  parties  are  necessarily  the  sole  judges  of  the  elections,  re- 
turns and  qualifications  of  their  members,  and  courts  of  equity  can 
not  restrain  the  members  of  such  conventions  or  the  members  of 
the  committees  on  credentials  from  arbitrarily  seating  certain  dele- 
.gates  therein. 

In  re,  contempt  v.  Grear  Jr.  6  N.  P.  312. 


OHIO    ELECTION    LAWS. 


127 


Either  political  party  may  nominate  and  have  placed  on  its 
ticket,  as  candidates  for  offices,  persons  who  have  been  nominated 
for  the  same  office  by  another  political  party. 
Gregg  V.  Rogers,  1  N.  P.  117. 

The  requirements  of  Section  6  (89  O.  L.  434)  that  certified 
nominations  of  candidates  for  public  offices  must  be  made  by  "con- 
vention, caucus,  meeting  of  qualified  electors,  primary  election  held 
by  such  electors  or  central  or  executive  committee,  representing  a 
political  party,  which  at  the  next  preceding  election  polled  at  least 
one  per  cent,  of  the  entire  vote  cast  in  the  state"  is  not  repugnant 
to  any  provision  of  the  constitution. 

State    Ex    rel.    Richard    Plimmer   v..  Poston    et    al.    58 
O.  S.  620. 

A  number  of  citizens  cannot  caucus  for  the  purpose  of  nom- 
inating a  ticket.  A  ticket  may  be  nominated  by  caucus  only  by  an 
existing  political  party.  A  citizens  ticket  must  be  nominated  by 
petition.     T.  4-20-96. 

The  committee  named  in  the  nomination  papers  would  have 
no  authority  to  fill  any  vacancy  which  may  occur  in  the  list  of 
nominations,  whether  by  death,  withdrawal  or  any  other  cause 
which  mipht  create  a  vacancy,  but  such  committee  would  not  have 
the  power  to  make  a  nomination  for  an  office  for  which  no  nom- 
ination has  been  made  by  the  party,  unless  the  convention,  caucus 
or  other  nominating  body,  would  by  resolution  confer  such  power 
specially  upon  the  committee.  In  the  absence  of  such  special  power 
the  failure  to  make  a  nomination  is  not  a  vacancy  which  may  be 
filled  by  the  committee  in  the  nomination  papers.     L.  3-13-01. 

Where  a  "citizens'  ticket"  has  been  nominated  by  a  caucus  or 
corvention  and  the  certificate  thereof  filed  with  the  board  of  deputy 
state  supervisors,  it  is  the  duty  of  the  deputy  state  supervisors 
to  disregard  and  reject  such  ticket.  The  proper  manner  for  electors 
to  procure  the  nomination  of  a  citizens'  ticket  is  by  petition.  L. 
3-24-02. 

Where  a  political  party  has  left  a  place  on  a  ticket  vacant, 
such  omission  does  not  constitute  a  vacancy  which  the  committee 
has  authority  to  fill,  but  under  the  general  power  conferred  by  this 
section,  the  central  or  executive  committee  of  such  party  has  au- 
thority to  make  an  original  nomination  to  supplv  such  omission. 
L.  10^22-04. 

Where  nominations  of  candidates  for  county  offices  have  been 
made  by  any  convention  or  primary  election  of  a  political  party 
of  a  county  under  this  section,  and  such  nominations  have  been 
duly  certified  to  the  board  of  deputy  state  supervisors  of  elections 
of  such  county,  and  objections  thereto  have  been  filed  in  writing 
within  five  days  after  such  nominations  have  been  filed,  such  deputy 
state  supervisors  have  authority  under  section  2966-23  to  consider 
and  determine  all  such  objections  and  questions  so  arising,  and 
that  their  decision  in  such  case  is  final.     L.  9-21-06. 

Sec.  6a.  It  shall  not  be  lawful,  however,  for  any  com- 
mittee, appointed  for  the  purpose  of  filling  vacancies,  in 
cases  where  no  nominations  were  made  originally  for  a 
particular  office,  to  name  a  candidate  of  another  political 
party  for  said  office,  or  to  name  a  candidate  nominated  by 
petition,  it  being  the  intent  of  this  act  that  when  the  nom- 
ination of  a  candidate  of  one  party  is  endorsed  by  another 
that  it  shall  be  done  at  the  time  and  in  the  manner  provided 
for  original  nominations.     [98  O.  L.  176.] 


Substitution 
of  name  of 
candidate  of 
other  party  or 
nominee  by 
Dftition  un- 
lawfuL 


128 


OHIO    ELECTION    LaW.^. 


Nomination 
of  candidates 
by  nomination 
papers. 


Annual    reg- 
istration 
cities. 


.Signers   to 
name  com- 
mittee to  fill 
vacancies. 

Signer 
pledged  to 
vote  for  nom- 
inee  or   nomi- 
nees. 

Residence    of 
signers  to  be 
stated;     can 
subscribe  to 
but  one  nom- 
ination;  oath 
by  one  of  the 
signers. 


^    NOMINATIONS   BY   PETITION. 

(2966-20.)  Sec.  7.  Nominations  of  candidates  for 
any  county,  township,  municipal  or  ward  office,  or  members 
of  the  board  of  education  may  be  made  by  nomination 
papers,  signed  in  the  aggregate  for  each  candidate  by  not 
less  than  three  hundred  qualified  electors  of  the  cjunty,  or 
fifty  qualified  electors  of  the.  city,  or  twenty-five  qualified 
electors  of  the  township,  ward  or  village,  or  twenty-five 
qualified  electors  of  either  sex  of  the  school  district,  respec- 
tively; except  in  counties  containing  annual  registration 
cities,  such  nomination  papers  shall  be  signed  by  petitioners 
not  less  in  number  than  one  for  every  fifty  persons  who 
voted  at  the  next  preceding  general  election  in  such  county. 
Nominations  of  candidates  for  other  offices  may  be  made 
by  nomination  papers,  signed  for  each  candidate  by  quali- 
fied electors  of  the  state  or  the  district  or  division  for  which 
such  candidates '  are  nominated,  not  less  in  number  than 
one  for  every  one  hundred  persons,  who  voted  at  the  next 
preceding  general  election  in  the  state  or  such  district  or 
division.  Signers  of  such  nomination  papers  shall  insert 
in  them  the  names  and  addresses  of  such  persons  as  they 
desire,  to  the  number  of  five,  as  a  committee,  who  may  fill 
vacancies  caused  by  death  or  withdrawal.  Such  nomina- 
tion papers  shall  contain  a  provision  to  the  effect  that  each 
signer  thereto  thereby  pledges  himself  to  support  and  vote 
for  the  candidate  or  candidates  whose  nominations  are 
therein  requested.  Each  elector  signing  a  nomination  paper 
shall  add  to  his  signature  his  place  of  residence,  and  may 
subscribe  to  one  nomination  for  each  office  to  be  filled,  and 
no  more.  One  of  the  signers  to  each  such  separate  paper 
shall  swear  that  the  statements  therein  are  true,  to  the  best 
of  his  knowledge  and  belief,  and  the  certificate  of  such 
oath  shall  be  annexed.     [97  v.  226.] 

The  requirement  of  Sec.  7  of  the  Act  of  April  8,  1898,  (93 
O.  L.  93,)  that  papers  to  secure  the  nomination  of  candidates  for 
public  offices,  "shall  contain  a  provision  to  the  effect  that  each 
signer  thereto  pledges  himself  to  support  and  vote  for.  the  candi- 
date or  candidates  whose  nominations  are  therein  requested,"  oper- 
ating uniformly  and  impartially  upon  •  all  classes  of  electors  and 
interposing  no  unreasonable  impediment  to  the  exercise  of  the  elec- 
tive franchise,  is  valid. 

State  Ex  rel.  v.  Poston,  59  O.  S,  122. 

It  is  not  necessary  to  have  a  separate  petition  for  each  can- 
didate. A  group  of  candidates  may  be  nominated  by  the  same 
election,  but  in  such  case  it  is  necessary  that  the  number  of  signa- 
tures to  such  group  of  candidates,  shall  be  equal  to  the  number 
required  by  this  section.     L.  9-3-05. 

If  the  board  of  deputy  state  supervisors  and  inspectors  of  a" 
county,  having  under  consideration  the  sufficiency  of  nomination 
papers,  discover  among  the  signers  thereto  the  names  of  persons 
known  to  have  participated  in  the  nomination  of  other  candidates 
for  the  same  offices  by  a  primary  or  caucus  of  a  political  party, 
such  fact  may  be  considered  by  the  board,  upon  the  question  of 
good   faith   of   such   signers,   and   if  the  board  are   of  the  opinion 


OHIO   ELECTION   LAWS. 


129 


that  such  names  are  placed  therecn  for  purposes  of  frauds  or  mis- 
representation, they  are  at  liberty  to  disregard  the  same.     L.  9-23-05. 

A  ticket  nominated  by  petition  is  not  entitled  to  go  imder  a 
part>-  ticket,  as  a  regular  party  ticket.     L.  11-13-05. 

The  manifest  intent  of  this  provision  is  to  limit  the  signers 
to  nomination  papers  to  actual  voters  of  the  district.  As  a  safe- 
guard, the  legislature  has  required  that  the  signer  shall  add,  to 
his  signature,  his  place  of  residence.  Omission  to  g^ive  street  and 
number,  would  probably  not  render  the  signature  void,  in  the 
absence  of  evidence  of  fraud,  but  enough  should  appear  on  the 
face  of  the  petition  to  indicate  with  reasonable  certainty  "the  place 
of  residence."     L.    10-19-06. 

A  citizens'  ticket,  nominated  by  petition,  and  which  polled  at 
least  one  per  cent  of  the  entire  vote,  does  not  entitle  a  similar 
ticket  to  a  place  on  the  ballot  at  a  subsequent  election,  without  a 
petition  as  provided  by  section  2966-20.  Only  those  parties  which 
have  a  state  organization,  and  which  cast  the  requisite  number  of 
votes  in  the  entire  state  are  entitled  to  representation  on  the  ballot 
as  a  party.     L.  3-28-01. 

CERTIFICATES  OF  NOMINATION  —  WHAT  TO 
CONTAIN. 

(2966-21.)     Sec.    8.     All    certificates    of    nomination    Contents  of 
and  nomination  papers  shall,  besides  containing  the  names    nomSon"' 
of  candidates,  specify  as  to  each   (i)  the  office  for  which    ^nd  nomma- 
he  is  nominated;    (2)  the  party  or  political  principle  which 
he  represents,   expressed   in  not  more  than  three  words : 
(3)  his  place  of  residence,  with  street  and  number  thereon, 
if  any;  provided,  however,  that  in  nominations  by  petition, 
the  certificate  may  designate,  instead  of  a  party  or  political 
principle,  any  name  or  title  which  the  signers  shall  select, 
and  candidates  nominated  by  petition,  without  distinctive 
appellations,   shall  be  certified   as   independent  candidates. 
In  case  of  electors  of  president,  and  vice  president  of  the 
United  States,  the  names  of  the  candidates  for  president 
and  vice  president  shall  be  added  to  the  party  or  political 
appellation.      [89  v.  435.] 


CERTIFICATES  OF  NOMINATION  —  WHEN 
FILED. 

(2966-22.)     Sec.    9.     Certificates    of    nomination    and    ,-,.       , 
nommation  papers  of  candidates   for  presidential   electors    tificates  of 
and    state    offices    shall    be    filed    with    secretary    of    state    and'nom'iSa^ 
not  less  than  thirty  days  previous  to  the  day  of  the  elec-    *'*»"  papers, 
tion  at  which  the  candidates  are  to  be  voted  for:    certifi- 
cates of  nomination  and  nomination  papers  for  the  nomi- 
nation of  candidates  for  county  offices  shall  be  filed  with 
the    deputy    state    supervisors   not    less    than    twenty    days 
previous  to  the  day  of  election ;    certificates  of  nomination 
and   nomination  papers   for  the  nomination   of   candidates 
for  offices  to  be  filled  by  the  electors  of  a  district  lying  with- 
in a  county  shall  be  filed  with  the  deputy  state  supervisors 
of  the  county  not  less  than  twenty  days  previous  to  the 
day  of  election ;   and  for  offices  to  be  filled  by  the  electors 
9      £  L 


130 


OHIO    ELECTION    LAWS. 


Preservation 
and    inspec- 
tion of  certifi- 
cates of  nomi- 
nation and 
nomination 
papers. 

Objections   to 
their  validity. 


of  a  district,  circuit  or  subdivision  of  a  district,  composed 
of  two  or  more  counties,  with  the  chief  deputy  state  super- 
visor of  the  county  in  the  district,  circuit  or  subdivision  con- 
taining the  greatest  number  of  inhabitants,  as  ascertained 
by  the  last  federal  census,  not  less  than  twenty-five  days 
previous  to  the  day  of  election ;  certificates  of  nomination 
and  nomination  papers  for  the  nomination  of  candidates  for 
township  or  municipal  offices,  or  members  of  the  board  of 
education,  shall  be  filed  with  the  deputy  state  supervisors 
not  less  than  fifteen  days  previous  to  the  election ;  certificates 
of  nomination  and  nomination  papers  for  municipal  officers 
and  for  members  of  boards  of  education  in  municipalities 
situated  in  two  or  more  counties  shall  be  filed  with  the 
board  of  deputy  state  supervisors  of  the  county  contain- 
ing the  majority  population  of  said  municipality  not  less 
than  fifteen  days  previous  to  the  election.      [97  v.  227.] 

! 
The  "requirement  of  Section  2966-22,  Revised  Statutes,  which 
provides  that  certificates  of  nomination  and  nomination  papers  of 
candidates  for  offices  to  be  filled  by  the  electors  of  a  district,  etc., 
shall  be  filed  with  the  chief  deputy  state  supervisor  of  the  county 
in  the  district,  etc.,  containing  the  greatest  number  of  inhabitants 
as  ascertained  by  the  last  federal  census,  nor  less  than  twenty-five 
days  previous  to  the  day  of  election,  is  a  limitation  upon  the  power 
to  so  file  and  is  not  intended  to  require  that  objections  and  other 
questions  arising  in  the  course  of  nominations  of  candidates  shall 
be  kept  open  and  undecided  until  twenty-five  days  before  the  day 
of  the  election. 

State   Ex    rel.    Hildebrandt   v.    Stewart,    Chief    Deputy, 
71    O.    S.   55. 

The  requirement  of  Section  9  of  the  Election  Laws  of  Ohio 
(93  Ohio  Laws  r89),  that  all  cities  where  the  voters  are  registered 
on  nomination  the  city  officers  shall  be  filed  with  the  city  board  of 
elections  not  less  than  fifteen  (15)  days  previous  to  the  date  of 
election,   is  not  mandatory. 

State  Ex  rel.   Fulton  v.   Deputy   State   Supervisor,   17 
C.  C.  397. 

The  provisions  of  the  law  fixing  .the  time  within  which  nom- 
inations shall  be  filed  is  mandatory,  and  if  not  strictly  complied 
with  the  names  of  persons  afterwards  certified  to  the  board,  should 
not  be  printed  upon  the  ballot.     K.  3-27-97. 

•  While  this  section  should  be  observed  by  the  board,  it  should 
not  apply  in  a  case  where  an  effort  was  made  to  file  within  time, 
but  owing  to  the  absence  of  the  board  and  clerk  the  presentation 
of  the  paper  was  delayed.  In  such  case  the  papers  should  be  dated 
as  of  the  date  on  which  such  attempt  to  file  was  made.     L.  10-25-06. 

OBJECTIONS  TO  CERTIFICATES. 

(2966-23.)  Sec.  10.  Certificates  of  nomination  and 
nomination  papers,  when  filed,  shall  be  preserved  and  be 
open,  under  proper  regulations,  to  public  inspectiori ;  the 
certificates  of  nomination  and  nomination  papers  being  so 
filed,  if  in  apparent  conformity  with  the  provisions  of  this 
act.  shall  be  deemed  to  be  valid,  unless  objection  thereto  is 
duly  made  in  writing,  within  five  days  after  the  filing 
thereof.     Such  objections,  or  other  questions  arising  in  the 


OHIO    ELECTION*    LAWS. 


131 


Consideration 
and  decision 
of    such    ob- 


course  of  the  nomination  of  candidates  for  state  officers  and 
presidential  electors  shall  be  considered  by  the  secretary  of 
state,  and  his  decision  shall  be  final.  Such  objections  or 
other  questions  arising  in  the  course  of  nominations  of  can- 
didates for  county  offices  or  offices  of  a  district  lying  within  jections  ol- 
a  county  shall  be  considered  by  the  deputy  state  supervisors  t'ion^s^  ''""' 
of  the  county,  and  objections  or  questions  arising  in  the 
course  of  nomination  of  candidates  for  district  or  circuit 
offices  or  offices  in  a  subdivision  of  a  district  shall  be  consid- 
ered by  the  chief  deputy  state  supervisors  and  clerks  of  said 
election  boards  of  the  several  counties  comprising  the  dis- 
trict, circuit  or  subdivision,  and  their  decision  shall  be  final ; 
and  the  votes  of  at  least  three  deputy  state  supervisors  for 
the  county,  or  a  majority  of  the  chief  deputies  and  clerks 
of  the  district  or  circuit  or  subdivision  of  a  district,  shall 
be  necessary  to  a  decision ;  but  in  case  no  decision  can  be 
arrived  at,  the  matter  in  controversy  shall  be  submitted  to 
the  state  supervisor  of  elections,  who  shall  summarily  decide 
the  question  thus  submitted  to  him,  and  his  decision  shall 
be  final.  Objections  and  questions  arising  in  the  course  of 
nominations  for  township  or  municipal  offices,  or  members 
of  the  board  of  education,  shall  be  considered  by  the  deputy 
state  supervisors ;  the  decision  of  such  deputy  state  supervi- 
sors shall  be  final,  and  in  case  of  disagreement  the  matter 
shall  be  referred  to  the  state  supervisor  of  elections  and  his 
decision  shall  be  final ;  but  in  municipalities  within  the  terms 
of  this  act  which  are  situate  in  two  or  more  counties,  the 
objection  or  question  may  be  submitted,  by  the  board  of 
deputy  state  supervisors  of  the  county  where  filed,  directly 
to  the  state  supervisor.  In  case  an  objection  is  made,  or 
question  arises,  notice  shall  forthwith  be  mailed  to  the  candi- 
dates affected  thereby,  and  to  any  party  committee  especially 
interested.  It  shall  be  proper  for  the  officers  above  named, 
in  the  decision  of  any  question  as  to  the  proper  political  or 
party  designation  of  candidates,  to  distinguish  between  can- 
didates nominated  by  certificates  of  nomination  and  those 
nominated  by  petition  or  nomination  papers ;  and  any  party 
or  political  designation  certified  by  petitioners  in  nomination 
papers  may  be  rejected  if,  from  similarity  to  the  name  of 
any  existing  party,  as  defined  in  section  7,  such  officers  shall 
deem  it  likely  to  mislead  or  confuse  voters.     [97  v.  227.] 

Where  two  certificates  of  nominations  for  county  offices,  both 
claim  to  be  the  regular  nominations  of  the  same  political  party  are 
filed,  and  written  objections  are  duly  filed  to  one  of  such  certifi- 
cates and  none  of  the  other,  a  controversy  is  thereby  raised  as  to 
the  validity  of  the  latter  certificate  and  as  to  it  the  other  certificate 
and  the  written  objections  thereto  operate  as  written  objections 
within  the  meaning  of  Section  2966-23,  Revised  Statutes ;  and  the 
court  of  common  pleas,  is  without  authority  to  restrain  the  deputy  ' 
state  supervisors  of  the  county  from  considering  such  certificates 
and  the  controversy  arising  hereon  and  from  certifying  to  the  state 
supervisors  of  elections  their  failure  to  arrive  at  a  decision  there- 
on ;  and  such  court  is  without  authority  to  require  the  deputy  state 
supervisors,  by  mandamus  or  otherwise,  to  cause  the  names  appear- 


132  OHIO    ELECTION    LAWS. 

ing  in  the  certificate  to  which  specific  objections  were  not  filed  to 
be  printed  on  the  official  ballot. 

State  Ex  rel.  Martin  v.  Thompson,  71  O.  S.  76. 

Section  2966-23,  Revised  Statutes,  requires  that  objections  or 
other  questions  arising  in  the  course  of  nominations  for  candidates 
for  district  offices,  "shall  be  conceded  to  be  by  the  chief  deputy 
state  supervisors  and  clerks  of  state  election  boards  of  the  several 
counties  comprising  the  district" ;  but  such  chief  deputies  shall  not 
thereby  constitute  a  board  with  continuing  functions,  nor  a  board 
in  any  sense.  Randall  v.  State,  64  O.  S.  57,  approved  and  followed. 
State  Ex  rel.  Hildebrandt  v.  Stewart,  Chief  Deputy, 
71   O.   S.  55. 

When  such  chief  deputy  state  supervisors  and  clerks  have  been 
called  together  to  consider  objections  to  and  controversies  corncern- 
ing  rival  nominations  and  they  have  considered  the  same  and  ren- 
dered their  decision  thereon  and  adjourned  sine  die,  their  functions 
as  to  such  objections  and  controversies  are  at  an  end,  and  such 
decision  is  final  in  the  sense  that  it  is  so  far  conclusive  as  to 
those  objections  and  controversies  that  the  same  cannot  be  again 
considered  by  the  chief  deputy  state  supervisors  and  clerks  nor  by 
those  succeeding  them  in  office. 

State    Ex    rel.    Hildebrandt   v.    Stewart,    Chief   Deputy, 
71   O.   S.  55. 

A  person  who  acts  as  secretary  of  two  rival  conventions  may 
be  compelled  by  mandamus  to  execute  certificates  of  nomination 
made  by  each  convention,  in  order  that  rival  candidates  may  pre- 
sent their  claims  for  determination  by  the  election  board  named  in 
Section  2966-23,  Revised  Statutes. 

State  Ex  rel.  Milner  v.  Jones,  Secretary,  74.  O.  S.  418. 

Upon  application  of  this  character  the  court  will  consider  only 
questions  relating  to  the  relator's  right  to  such  certificate  of  nom- 
ination, leaving  all  questions  involved  in  the  validity  of  the  claims 
of  rival  candidates  to  be  the  nominee  to  be  determined  by  said 
election  board. 

State  Ex  rel.  Milner  v.  Jones,  Secretary,  74  O.  S.  418. 

Upon  submission  of  objections  to  certificates  of  nomination, 
bv  board  of  deputy  state  supervisors  and  state  supervisors  of  elec- 
tion, his  decision  thereon  is  final,  and  the  board  of  deputy  state 
supervisors  refusing  to  comply  therewith  may  be  compelled  to  do 
so,  by  mandamus.  And  an  answer  stating  that  they  have  been  en- 
joined by  the  Court  of  Common  Pleas  or  a  judge  thereof,  states 
no  valid  excuse  for  refusing  to  comply  with  the  decision  of  the 
state  supervisor.  In  such  case  the  court  of  common  pleas  has  no 
jurisdiction  of  the  subject  matter  and  its  order  of  injunction  is 
void. 

Chapman  v.  Miller,  et  al.  52  O.  S.  166. 

Where  it  appears  that  such  certificate  has  been  filed  in  ample 
time  in  which  to  advertise  for  bids  and  print  the  ballots  and  no 
objection  is  made  otherwise,  except  as  to  the  precise  time  in  which 
it  was  done  and  that  the  non-observance  in  this  regard  could  not 
aflFect  the  result  of  the  election,  its  fairness  or  honesty,  such  cer- 
tificate so  filed  will  be  deemed  to  be  filed  within  time  notwithstand- 
ing the  requirement  of  the  statute  is  mandatory  in  form. 

State  Ex  rel.  Fulton  v.  Deputy  State  Supervisors,  17 
C.  C.  397. 

A  nomination  was  duly  made  at  primaries,  but  the  certificate 
of  nomination  filed  with  the  board  of  deputy  state  supervisors  of 
election,  by  mistake,  did  not  state  the  fact  of  such  nomination. 
It  is  shown  by  the  affidavits  of  the  chairman  and  secretary  of  the 
party  central  committee  that  such  nomination  was  duly  and  prop- 


OHIO   ELECTION    LAWS. 


133 


eriy  made:  —  ordered  by  the  State  Supervisor  of  Elections,  that 
the  name  be  placed  upon  the  official  ballot.     L.  10-31-04. 

When  such  nomination  papers  are  filed  25  days  before  the 
day  of  election  they  should  remain  on  file  with  the  chief  deputy 
supervisor  five  days  thereafter.     L.   10-11-06. 

See  note  to  Sec.  2966-18,  as  to  authority  of  deputy  supervis- 
ors to  determine  objections  to  certificates  of  nomination. 


VACANCIES  —  HOW  FILLED. 


(2966-24.)     Sec.  II.    Should  any  person  so  nominated  Mf""^*"  °} 

die,  withdraw,  or  decline  the  nomination,  or  should  any  cer-  cancy  on* 

tificate  of  nomination  be  insufficient  or  imperfect,  the  vacan-  ^e'c'ting  *def°ct~ 

cv  thus  occasioned  may  be  filed  or  the  defect  corrected  in  »n  certificate 

i  .       .    .-'  ...  .^.  ,^  iLof  nomination. 

the  manner  required  for  original  nominations,  but  must  be 
certified  to  the  secretary  of  state  twenty  days,  or  to  the 
deputy  state  supervisors  at  least  fifteen  days  previous  to  the 
election  day.  If,  when  the  original  nomination  was  certified, 
there  was  certified  a  committee  authorized  to  represent  the 
party  as  before  provided,  it  may  fill  such  vacancy.  The 
chairman  and  secretary  of  such  committee  shall  thereupon 
make  and  file  with  the  proper  officer  a  certificate  setting 
forth  the  cause  of  the  vacancy,  the  name  of  the  person 
nominated,  the  office  for  which  nominated,  the  name 
of  the  person  for  whom  the  new  nominee  is  to  be  substi- 
tuted, and  such  other  information  as  is  required  to  be  given 
in  an  original  certificate  of  nomination.  The  certificate 
so  made  shall  be  executed,  acknowledged  and  sworn  to  in 
the  manner  prescribed  for  the  original  certificate  of  nomina- 
tion, and  shall,  upon  being  filed  with  the  secretary  of  state 
at  least  twenty  days,  or  with  the  deputy  state  supervisors 
fifteen  days  before  election,  have  the  same  force  and  effect 
as  an  original  certificate  of  nomination.  A  vacancy 
occurring  after  the  printing  of  the  ballots  may  be 
filled  by  filing  the  proper  certificate  with  the  secretary'  of 
state  at  least  ten  days,  and  with  the  deputy  state  supervisors 
at  least  five  days  prior  to  the  election,  and  the  name,  office 
and  party  of  the  candidate  so  nominated  shall  be  printed 
on  adhesive  slips  or  pasters,  by  the  deputy  state  supervisors, 
which  shall  be  delivered  to  the  judges  in  each  precinct 
before  the  opening  of  the  polls,  and  pasted  by  them  in  the 
proper  place  on  the  ballot,  before  the  same  is  handed  the 
elector.     [90  v.  270.] 

Where  a  nomination  has  been  duly  certified  to  the  board  with 
whom  it  should  properly  be  filed,  and  the  candidate  so  nominated 
fails  to  withdraw  or  decline  the  nomination  prior  to  the  time  when 
the  nomination  is  required  by  law  to  be  certified  to  the  other 
counties,  the  name  of  the  candidate  cannot  be  stricken  from  the 
ballot.  In  contemplation  of  law  the  ballot  is  printed  and  there  is 
no  way  of  taking  the  name  oflf  the  ticket.     T.   10-29-96. 

Pasters  can  only  be  used  in  cases  where  nominations  have 
been  originally  made  and  a  vacancy  occurs  upon  the  ticket  after 
the  ballot  has  been   printed.     K.   3-37-97. 

If  the  nomination  papers  contained  the  names  of  a  committee 
authorized  to  represent  such  party  or  petitioners,   such   committee 


134 


OHIO    ELECTION    LAWS. 


Authority    of 
county  execu- 
tive   commit- 
tee  to   fill 
vacancy  on 
ticket. 


may  fill  such  vacancy,  provided  the  certificate  of  the  committee 
with  the  name  of  the  person  so  nominated  to  fill  such  vacancy 
shall  be  filed  with  the  chief  deputy  state  supervisor  at  least  20 
days  before  the  election,  in  which  case  the  chief  deputy  supervisor 
must  certify  the  name  of  such  candidate  so  substituted  to  the 
deputy  state  supervisors  of  the  other  counties  of  the  district  at 
least   15   days  before  the  election.     L.    10-11-06. 

(2966-24^.)  Sec.  I.  When  a  political  party  in  its 
nominating  convention  fails  to  appoint  a  committee  for 
the  purpose  of  filling  vacancies  on  the  party  ticket,  the 
power  to  fill  such  vacancies  shall  be  and  hereby  is  vested 
in  the  county  executive  committee  of  said  political  party. 
[93  V.  224.]  '  . 


Device  to 
designate 
party    can- 
didates. 


DEVICE   ON   TICKET. 

(2966-25.)  Sec.  12.  If  the  certificate  of  nomination 
of  any  state  convention  shall  request  that  the  figure  or  device 
selected  by  such  convention  be  used  to  designate  the  candi- 
dates of  such  party  on  the  ballots  for  all  elections^  through- 
out the  state,  such  figure  or  device  shall  be  so  used  until 
changed  by  request  of  a  subsequent  state  convention  of  the 
same  party.  Such  device  may  be  the  figure  of  a  star,  an 
eagle,  a  rooster,  a  flower,  a  plow,  or  some  such  appropriate 
symbol,  but  the  coat  of  arms  or  seal  of  the  state  or  United 
States,  the  national  flag,  or  any  other  emblem  common  to 
the  people  at  large,  shall  not  be  used  as  such  device.  [89 
V.  437-] 

The  state  supervisor  of  elections  is  not  required  by  Section 
12  of  the  Australian  Ballot  Law,  to  cause  to  be  printed  on  the 
ballots  to  be  used  at  an  election,  a  device  selected  and  certified 
by  a  state  convention  which  did  not  represent  a  political  party 
that  at  the  next  preceding  election  polled  at  least  one  per  cent, 
of  the  entire  vote  cast  for  the  state ;  nor  a  device  certified  in  nom- 
ination papers  for  a  ticket  nominated  by  that  method. 

State  Ex  rel.  Lewis  v.  Kinney,  Secretary,  57  O.  S.  221. 


Transmission 
of   certified, 
copies  of  cer- 
tificates   of 
nomination. 


TRANSMISSION    OE    CERTIFICATES    OE    NOMI- 
NATIONS. 

(2966-26)  Sec.  13.  Immediately  upon  the  expira- 
tion of  the  time  within  which  certificates  of  nominations 
and  nomination  papers  may  be  filed  and  within  which  objec- 
tions thereto  may  be  made  as  provided  in  section  10  [2966 
-23,  Sec.  10],  the  secretary  [of  state]  shall  certify  all  the 
nominations  so  filed  to  the  several  deputy  state  supervisors 
together  with  a  form  of  official  ballot  therefor ;  and  the  chief 
deputy  state  supervisor  of  the  district,  circuit  or  subdivision 
with  whom  the  certificate  of  district,  circuit  or  subdivision 
nominations  has  been  filed,  shall  immediately  certify  the 
nominations  so  filed  to  the  deputy  state  supervisors  in  all  the 
other  counties  in  such  district,  circuit  or  subdivision  and 
the  deputy  state  supervisors  of  the  coimty  containing  the 
majority  population  of  a  municipality  situated   in  two  or 


OHIO    ELECTIOX    LAWS. 


13j> 


more  counties,  shall  immediately  certify  to  the  deputy  state 
supenisors  of  the  other  county  or  counties,  copies  of  all 
certificates  of  nominatic-iS  and  nomination  papers  of  such 
municipal  officers  or  members  of  the  board  of  education  that 
have  been  filed  with  such  board.     [97  v.  228.] 

EXPENSES  —  HOW   DEFRAYED. 

(2966-27.)  Sec.  14.  All  expenses  arising  for  print-  How  expenses 
mg  and  distributing  ballots,  ca:rds  of  explanation  to  officers  alfray^.**" 
of  the  election  and  voters,  blanks,  and  all  other  proper  aftd 
necessary  expenses  of  any  general  or  special  election,  includ- 
mg  compensation  of  precinct  election  officers,  shall  be  paid 
out  of  the  county  treasury  as  other  county  expenses;  but, 
except  in  the  case  of  November  elections,  shall  be  charged 
against  the  township,  cit}-,  village  or  political  division  in 
which  such  election  was  held,  and  the  amount  so  paid  by 
the  county  as  above  provided,  shall  be  retained  by  the  county 
auditor  from  the  funds  due  to  such  township,  city,  village  or 
political  division,  at  the  time  of  making  the  semiannual  dis- 
tribution of  taxes ;  the  county  commissioners,  township  trus- 
tees, councils,  boards  of  education,  or  other  authorities 
authorized  to  levy  taxes,  shall  make  the  necessary  levy  to 
meet  such  expenses,  which  levy  may  be  in  addition  to  other 
levies  authorized  or  required  by  law ;  the  amount  of  all  such 
expenses  shall  be  ascertained  and  apportioned  by  the  deputy 
state  supervisors  of  the  several  political  divisions  and  certi- 
fied to  the  count)^  auditor.  In  the  case  of  mtmicipalities  sit- 
uated in  two  or  more  counties  the  proportion  of  expenses 
charged  to  each  of  the  counties  shall  be  ascertained  and 
apportioned  by  the  clerk  of  the  corporation,  and  certified  by 
him  to  the  several  count}-  auditors.     [91  v.  243.] 

It  is  not  an  abuse  of  discretion  in  the  board  of  deputy  state 
supervisors  of  elections  to  give  the  contract  for  the  printing  of 
the  ballots  to  a  higher  bidder  where  there  is  danger  that  the  lower 
bidder  may  by  a  strike  of  his  employes  be  prevented  from  furnish- 
ing the  ballots  at  the  proper  time,  to  be  used  at  the  election.  • 

Pugh    Printing    Co.    v.    Deputj^    State    Supervisors,    22 
C.    C.   584. 

The  presumption  is  that  public  officers,  —  in  this  case  the 
deput)"  state  supervisor  of  elections  —  have  exercised  a  sound  dis- 
cretion, and  the  burden  of  proof  is  on  plaintiff  to  show,  with  that 
clearness  which  is  always  necessary  to  move  a  court  of  equity  to 
interfere,  a  state  of  facts  which  would  constitute  an  abuse  of  dis- 
cretion. 

Pugh    Printing    Co.    v.    Deputy    State    Supervisors.    22 
C.  C.  584. 

The  words  "lowest  responsible  bidder"  have  been  held  to 
mean  not  only  the  person  having  the  pecuniary  ability  to  reimburse 
to  the  state  by  reason  of  his  failure  to  conform  with  the  terms  of 
the  contract,  but  also  a  person  who  in  point  of  skill,  ability  and 
integrity,  will  be  most  likely  to  do  faithful  conscientious  work  and 
fulfill  the  contract  according  to  the  letter  and  spirit  of  the  law. 
K.  10-20-98. 

The  printing  provided  for  in  this  section,  should  be  let  to 
the  lowest  responsible  resident  bidder  in  the  county.     It  is  eWdent 


136 


OHIO    ELECTION    LAWS. 


that  the  legislature  intended,  by  requiring  the  notice  to  be  pub- 
lished in  the  papers  of  the  county,  to  limit  the  bidders  and  con- 
tractors to  residents   within  such   county.     L.    10-16-06. 

This  section  confers  no  authority  on  any  county  to  charge 
against  any  township,  city,  village,  or  political  division,  any  expense 
incurred  in  holding  any  election  in  November.  Hence  the  County 
Commissioners  should  make  a  levy  to  meet  the  expense  of  the 
November  election,  and  all  such  expenses  must  be  paid  by  the 
county.     T.  5-11-07. 

See  note  to  Sec.  2966-3,  as  to  "Executive  Committee." 
"The  Board   of   Elections   cannot  be   interfered  with  in  mat- 
ters of  detail  pertaining  to  the  printing  of  the  official  ballots." 

State  Ex  ^el.  v:  Ehrman,  2  O.  D.  400,  also  see  40  O. 
D.   505. 


"Contracts    for 
printing. 


Special 
elections. 


Submission  of 
proof  of 
ballot. 


Sealing  and 
delivery  of 
l)alIots. 


Separate 
ballots    for 
•each  precinct. 


IMunicipalities 
containing 
less    than 
iRfty   voters. 


PRINTING  AND  DISPOSITION  OF  BALLOTS. 

(2966-28)  Sec.  15.  The  printing  provided  for  in  this 
act,  except  poll  books  and  tally  sheets,  shall  be  let  by  the 
deputy  state  supervisors  to  the  lowest  responsible  bidder  in 
the  county,  upon  ten  days'  notice  published  not  more  that 
three  times  in  two  leading  papers  of  opposite  politics  pub- 
lished in  such  county,  but  in  case  of  special  elections  the 
deputy  state  supervisors  ma^'  give  notice  by  mail  addressed 
to  all  the  printing  offices  within  the  county,  instead  of  pub- 
lishing said  notice.  After  the  letting  of  the  contract  for  the 
printing  of  the  ballots,  the  proper  officer  or  board  shall  se- 
'nire  from  the  printer  and  exhibit  to  the  chairman  of  the 
local  executive  committee  of  each  party  represented  on  the 
ballot,  for  inspection  and  the  correction  of  any  errors  ap- 
pearing thereon,  a  printed  proof  of  the  ballot  to  be  printed 
for  use  at  the  election ;  the  person  to  whom  the  contract  for 
printing  the  tickets  is  let,  shall,  in  the  presence  of  the  deputy 
state  supervisors,  seal  up  securely  in  packages,  one  for  each 
precinct  in  the  county  or  municipality,  as  the  case  may  be, 
the  designated  number  of  ballots  to  be  printed  for  such  pre- 
cinct, and  indorse  thereon  the  number  of  ballots  so  printed 
and  sealed  up,  and  deliver  the  same  to  the  deputy  state 
supervisors  at  such  tiir.es  as  they  may  direct.  In  election 
precincts  composed  of  a  township  or  a  part  thereof,  or  a 
municipality  or  a  part  thereof,  there  shall  be  provided  for 
all  elections,  separate  ballots,  for  each  precinct,  so  as  to 
enable  electors  residing  in  such  precinct  to  cast  their  votes 
for  the  proper  candidates  in  such  precinct;  and  there  shall 
be  provided  separate  ballots  for  each  district  portion  of  such 
precinct  which  shall  contain  the  names  of  the  candidates  for 
members  of  the  board  of  education  for  which  electors  resid- 
ing in  such  precinct  are  entitled  to  vote.  And  when  a 
municipality  contains  less  than  fifty  voters  in  the  same  town-' 
ship,  the  deputy  state  supervisors  may  provide  a  separate 
ballot  and  ballot  box  for  such  voters  at  the  regular  polling 
place  in  an  adjoining  precinct  of  the  same  county.  And 
when  territory  annexed  to  a  village  for  school  purposes  is 
included  within  such  village  precinct,  as  provided  in  section 
20 ?3,  separate  ballots,  ballot  box,  poll  books  and  tally  sheets 


OHIO   ELECTION    LAWS. 


137 


shall  be  provided  for  such  voters  in  municipal  elections  pre- 
sided over  by  the  judges  and  clerks  of  election  of  such  pre- 
cinct.    [98  O.'L.  234.] 

See  State  v.  Taylor,  55  O.  S.  385. 

(2966-29.)  Sec.  15a.  Each  proposal  for  printing,  as 
provided  for  in  the  preceding  section,  must  be  accompanied 
by  a  bond,  executed  in-  due  form  by  the  bidder,  with  at  least 
two  good  and  sufficient  sureties,  satisfactory  to  the  board  of 
deputy  state  supervisors,  in  a  sum  double  the  amount  of  his 
bid,  conditioned'  for  a  faithful  performance,  pursuant  to  con- 
tract, of  such  printing  as  may  be  awarded  to  him ;  and  for 
the  payment  as  liquidated  damages  by  such  bidder  to  the 
board  of  deputy  state  supervisors  of  any  excess  of  cost  over 
the  bid  or  bids  of  such  bidder  which  the  board  of  deputy 
state  supervisors  may  be  obliged  to  pay  for  such  work  by 
reason  of  the  failure  of  such  bidder  to  complete  his  contract ; 
the  bond  to  be  null  and  void  if  no  contract  be  awarded  to 
him.  No  bid  unaccompanied  by  such  bond  shall  be  enter- 
tained by  the  board  of  deputy  state  supervisors.     [91  v.  116.] 

DELIVERY   OF    BALLOTS,    POLL-BOOKS,    ETC. 

(2966-30.)  Sec.  16.  Not  less  than  three  days  before 
an  election  the  deputy  stale  supervisors  shall  summon  the 
presiding  judge  of  election  in  each  precinct  in  such  county 
to  apear  forthwith  and  receive  the  necessary  blanks,  poll, 
books,  tally-sheets,  certificates,  cards  of  instruction  and  bal- 
lots for  such  precinct,  and  shall  deliver  to  such  judge  the 
sealed  packages  of  ballots,  blanks,  poll-boolcs  and  other 
required  papers,  all  of  which  such  judge  shall  safely  deliver 
and  have  on  hand  at  the  polling  place  in  his  precinct  before 
the  time  for  the  opening  of  the  polls  therein  ;  provided,  how- 
ever, that  in  registration  cities  when  the  presiding  judge  or 
chaimian  is  chosen  at  the  meeting  of  the  registrars  and 
judges  of  election,  on  the  evening  preceding  any  November 
election  pursuant  to  section  2926^1  of  the  Revised  Statutes, 
or  on  the  evening  preceding  any  special  election,  it  shall  be 
the  duty  of  such  judge,  immediately  after  such  meeting,  to 
call  at  the  office  of  the  board  of  deputy  state  supervisors  for 
such  packages,  and  the  deputy  state  supervisors  shall  deliver 
the  poll-books,  tally-sheets,  cards  of  instructon  and  other 
supplies  herein  mentioned  to  the  presiding  judge  or  chair- 
man, and  provided  further,  that  in  any  city  having  a  popula- 
tion of  300,000  or  more  the  board  of  deputy  state  supervi- 
sors may,  by  resolution,  provide  for  the  deliver}^  of  ballots 
through  the  agency  of  the  police  force  of  such  city ;  and  pro- 
vided further,  if  the  judge  summoned  to  receive  and  deliver 
the  ballots  and  other  books  and  papers  does  not  appear,  the 
deputy  state  supervisors  shall  send  the  ballots,  books  and 
other  required  papers  to  the  election  officers  of  the  precinct 
so  as  to  be  received  by  them  in  time  for  the  election.  [97 
V.  229.] 


Bond  of  bid- 
der for 
printing. 


Delivery    of 
ballots    and 
other  supplies 
required    in 
conduct  of 
elections. 


Registration 
cities. 


Delivery  in 
cities   having 
a    population 
of    300,000    01 
more. 


Delivery     of 
supplies'  when 
judge  sum- 
moned   fails 
to   appear. 


138 


OHIO    ELECTION    LAWS. 


Compensation 
of  judges  and 
clerks. 


Registration 
cities. 


(2966-52.)  Sec.  36.  The  judge  of  election  called  by 
the  deputy  state  supervisors  to  receive  and  deliver  ballots,, 
poll-books,  tally-sheets  and  other  required*  papers,  shall 
receive  two  dollars  for  such  service,  and  in  addition  thereto 
mileage  at  the  rate  of  five  cents  per  mile  to  and  from  the 
county  seat  if  he  live  one  mile  or  more  therefrom.  The 
judge  of  the  election  carrying  the  returns  to  the  deputy 
state  supervisors,  and  the  judge  carrying  the  returns  to  the 
county  or  township  clerk,  or  clerk  or  auditor  of  the  munici- 
pality, shall  receive  like  compensation.  Judges  and  clerks 
shall  each  receive  as  compensation  the  sum  of  three  dollars 
for  their  services  for  each  election  day ;  provided,  however, 
that  in  cities  where  registration  is  required  the  compensa- 
tion shall  remain  as  now  fixed  by  law,  except  that  the 
chairman  elected  at  the  meeting  for  organization  shall  re- 
ceive one  dollar  for  calling  for  the  sealed  package  of  ballots. 
[97  V.  237.] 

The  usual  compensation  allowed  judges  of  election  for  the 
performance  of  their  duties  on  election  day  is  •  supposed  to  be  in 
full  for  all  services  required  by  them  as  such  election  officers. 
No  additional  compensation  may  be  allowed  where  they  are  called 
together  for  the  purpose  of  determining  by  lot  between  candidates 
having  an  equal  number  of  votes.     L.  4-30-01. 

The  board  of  elections  cannot  allow  judges  and  clerks  of 
election  any  sum  as  compensation  in  excess  of  the  amount  fixed 
bv  law.  The  amount  fixed  by  law  is  $3.00  for  each  election,  and 
includes  all  services  rendered  by  the  judges  at  such  election.  L. 
11-13-05. 

No  additional  compensation  may  be  allowed  because  sepa- 
rate ballot  boxes,   and   separate  poll-books  are  required. 


Replacing  of 
supplies  lost 
or  destroyed. 


Opening    of 
packages. 

Where  cards 
of  instruction 
to  be  placed. 


Extra  ballots. 


BALLOTS  LOST,  ETC.;  HOW  REPLACED. 

(2966-31.)  Sec.  17.  If,  by  any  accident,  or  casualty,, 
the  ballots  or  other  required  papers  delivered  to  any  judge 
of  elections  or  other- messenger  shall  be  lost  or' destroyed, 
it  shall  be  the  duty  of  such  person  charged  with  the  custody 
thereof  to  report  the  loss  at  once  to  the  deputy  state  super- 
visors from  whom  the  same  were  obtained,  and  make  affi- 
davit of  the  circumstances  of  the  loss,  whereupon  the  deputy 
state  supervisors  shall  at  once  resupply  such  person ;  in 
case  such  person  fail  or  refuse  to  report  and  make  proof 
of  the  loss,  any  qualified  elector  may  do  so,  and  thereupon 
a  new  supply  shall  be  sent  by  special  messenger,  as  pro- 
vided in  other  cases. 

At  the  opening  of  the  polls  in  each  precinct,  the  seals 
of  the  packages  shall  be  publicly  broken,  and  the  packages 
shall  be  opened  by  the  presiding  officer.  The  cards  of  in- 
struction shall  immediately  be  placed  in  each  voting  shelf 
or  compartment  provided  in  accordance  with  this  act  for 
the  marking  of  the  ballots,  and  in  such  other  places  as  the 
election  officers  may  select. 

In  case  no  ballots  shall  have  been  delivered  at  any 
polling  place  before  the  opening  of  the  polls,  or  if  extra 


OHIO    ELECTION    LAWS.  '  ISO* 

ballots  shall,  at  any  time  during  the  time  the  polls  remam 
open,  be  required,  it  shall  be  the  duty  of  the  deputy  state 
supervisors,  upon  a  requisition,  in  writing;,  signed  by  a 
majority  of  the  election  judges  of  such  precinct,  wherein 
the  reason  for  demanding  such  ballots  shall  be  set  out, 
to  secure  the  same  as  speedily  as  possible,  and,  if  neces- 
sary, extra  ballots  may  be  printed  for  this  purpose ;  pro- 
vided, however,  that  such  ballots  shall  conform,  as  nearly 
as  possible,  to  the  original  ballots,  and  the  printing  and 
the  care  of  the  same  shall  be  under  the  same  provisions 
and  penalties  as  the  printing  and  care  of  the  other  ballots; 
and  if,  from  any  cause,  neither  the  official  ballots  nor  bal- 
lots otherwise  prepared  as  above  prescribed  shall  be  ready 
for  distribution  at  any  polling  place,  or  if  the  supply  of 
ballots  shall  be  exhausted  before  tlie  polls  are  closed,  un-  when  unoffi- 
official  ballots  may  be  used,  so  that  no  elector,  for  lack  of  mly'b^^'^d. 
a  ballot,  shall  be  deprived  of  his  franchise.     [97  v.  230.] 

FORM  OF  BALLOT. 

Sec.  3.  The  names  of  all  candidates  to  be  voted  for  Ballots,  how 
on  the  first  Tuesday  after  the  first  Monday  in  November,  p""'^*^- 
hereafter,  shall  be  placed  on  the  same  ballot,  arranged  in 
-single  tickets  or  lists  under  the  respective  party,  political 
or  other  designation  certified,  in  the  order  and  manner  pro- 
vided by  law ;  provided  that  nothing  in  this  section  shall 
be  construed  to  a'ffect  the  provisions  of  "An  act  to  secure 
a  voice  in  school  affairs  to  the  women  of  Ohio  on  equal  ' 

terms  with  men,"  passed  April  24,  1894,  or  any  special  or 
general  act  providing  for  the  election  of  school  directors    • 
or  members   of  boards   of   education   and   school   councils. 
[97  V.  40.] 

(2966-32.)  Sec.  18.  Every  ballot  intended  tor  the  Contents  of 
use  of  electors,  printed  in  accordance  with  the  provisions  ^^"°^- 
of  this  act,  shall  contain  the  names  of  all  the  candidates 
whose  nominations  for  any  offices  specified  in  the  ballot 
have  been  duly  made,  and  not  withdrawn  in  accordance 
herewith,  arranged  in- tickets  or  lists  under  the  respective 
party  or  political  or  other  designation  certified.  In  elec- 
tions for  presidential  electors,  the  names  of  the  candidates 
for  president  and  vice  president  shall  be  placed  on  the 
ticket  by  the  secretary  of  state  immediately  following  the 
name  of  the  party  and  preceding  the  names  o^  the  presi- 
dential electors. 

The  arrangement  of  the  ballot  shall,  in  general,  con-    Arrangement 
form  as  nearly  as  practicable  to  the  plan  hereinafter  given. ^  Hsts'^^of*^  °^ 
The  tickets  of  the  various  political  parties  shall  be  printed    candidates, 
in  parallel  columns,  headed  by  the  chosen  devices  upon  a 
shaded  background,  and  the  party  names  in  such  order  as 
the  secretar}'  of  state  may  direct,  precedence,  however,  be- 
ing given  to  the  political  party  which   polled  the  highest 
number  of  votes  for  the  head  of  the  ticket  in  the  next  pre- 


140 


OHIO   ELECTION    LAWS. 


When  ques- 
tion is  sub- 
mitted. 


Form  of 
ballot. 


Indorsement. 


Printing,  per- 
foration, bind- 
ing_  and  desig- 
nation of  bah- 
lots. 


Main   stub. 


Secondary 
stub. 


ceding  general  election,  and  so  on.  The  tickets  or  lists  of 
candidates  nominated  by  nomination  papers,  with  their 
party  names  or  designations  shall  be  printed  at  the  right 
of  and  parallel  with  the  tickets  of  political  parties  in  such 
order  as  the  secretary  of  state  may  direct ;  precedence,  how- 
ever, being  given  in  the  order  above  prescribed  for  party 
tickets.  No  ticket  or  list  of  candidates  shall  be  printed 
under  the  name  of  any  party  containing  more  candidates 
for  any  office  than  are  to  be  elected. 

Whenever  the  approval  of  any  question  other  than  a 
constitutional  amendment  is  to  be  submitted  to  a  vote  of 
the  people,  such  questions  shall  be  printed  on  a  separate 
ballot  and  deposited  in  a  separate  ballot-box  to  be  presided 
over  by  the  same  judges  and  clerks. 

The  ballot  shall  be  so  printed  as  to  give  each  elector 
a  clear  opportunity  to  designate  by  a  cross  mark  in  a  large 
blank  circular  space  three-quarters  of  an,  inch  in  diameter 
below  the  device  and  above  the  name  of  the  party  at  the 
head  of  the  ticket  or  list  of  candidates,  his  choice  of  a 
party  ticket  and  desire  to  vote  for  each  and  every  candidate 
thereon ;  and  by  a  cross  mark  in  a  blank  inclosed  space  on 
the  left  and  before  the  name  of  each  candidate,  his  choice 
of  particular  candidates. 

On  the  back  shall  be  printed,  "official  ballot,"  the  date 
of  the  election,  and  facsimile  of  the  signatures  of  the 
officers  who  have  caused  the  ballots  to  be  printed. 

The  ballots  shall  be  printed  on  the  same  leaf  with  a 
double  stub,  and  separated  therefrom  by  a  perforated  line, 
and  shall  be  bound  with  the  s-tub  attached  thereto,  into 
books,  or  blocks,  one  for  each  voting  precinct,  which  book 
or  block  shall  contain  at  least  twice  as  many  ballots  as 
there  were  votes  cast  at  such  precinct  at  the  preceding  gen- 
e-al  election ;  upon  the  covers  of  such  books  or  blocks  shall 
be  printed  the  designation  of  the  precinct  for  which  the 
ballots  have  been  prepared. 

The  r^ain  stub  shall  be  printed  as  follows :  Consecu- 
tive number — [after  these  words  the  consecutive  number 
shall  be  printed,  beginning  with  one  and  increasing  in 
regular  numerical  order]  ;  provided,  however,,  that  the 
deputy  state  supervisors  may  direct  that  such  consecutive 
numbers  shall  not  be  printed,  but  shall  be  written  by  the 
ballot  officer  before  delivering  the  ballot  to  the  elector. 

Name  of  voter —  [after  these  words  the  clerk  shall 
write  the  voter's  name.] 

Residence  —  [after  this  word  the  clerk,  in  cities  where 
'registration  is  required,  is  to  write  the  voter's  residence.] 

The  secondary  stub  shall  be  printed  as  follows :  Name 
of  voter  or  registered  number —  [after  these  words  the 
clerk,  in  precincts  where  the  registration  law  is  in  force, 
shall  write  the  registered  number  of  the  voter,  and  in 
other  precincts  the  voter's  name.] 


OHIO   ELECTION    LAWS. 


141 


General  pro- 
visions rela- 
tive to  print- 


All  ballots  shall  be  printed  on  the  best  quality  No.  2 
book  paper,  in  black  ink,  and  with  the  exception  of  the 
heading  which  shall  be  in  display,  in  brevier  type,  the  >ng  of  ballots, 
name  or  designation  of  the  office  in  lower  case,  and  the 
name  of  the  candidate  therefor  in  capital  letters,  with  a 
space  of  at  least  one-fifth  of  an  inch  following  each  name ; 
the  name  of  each  candidate  shall  be  printed  in  a  space 
defined  by  ruled  lines,  and  with  a  blank  square  on  its 
left  inclosed  by  heavy  dark  line;  if,  upon  any  ticket,  there 
be  no  candidate  or  candidates  for  a  designated  office,  a 
blank  space  equal  to  the  space  that  would  be  occupied  by 
such  name  or  names,  if  they  were  printed  thereon,  with 
the  Hank  space  herein  provided  for,  shall  be  left.  The 
headii\<y  of  each  party  ticket,  including  the  name  of  the 
party,  .he  device  above  and  the  large  circle  between  the 
device  Jkid  such  name,  shall  be  separated  from  the  rest 
of  the  ti'ket  by  a  heavy  line,  and  the  circle  above  the 
name  of  tke  party  in  which  the  voter  is  to  place  the  cross 
mark,  if  he  desires  to  vote  the  straight  ticket,  shall  be 
defined  by  heavier  lines  than  the  lines  defining  the  blank 
spaces  before  the  names  of  candidates,  and  such  circle 
shall  be  surrounded  by  the  following  words  printed  in 
heavy  face  nonpareil  type:  "For  a  straight  ticket  mark 
within  this  circle." 

Each  party  ticket  shall  be  separated  from  'other  party    separation  of 
tickets  and  bordered  on  either  side  by  a  heavy  border  or    |^^  j, 
a  broad  solid  line  at  least  one-eighth  of  an  inch  wide,  and    borders, 
the  edges  of  the  ballot  on  either  side  trimmed  off  up  to 
the  border  or  solid  line  described.     [97  v.  231.] 


142 


OHIO    ELECTION    LAWS. 


[Main  stub.] 
Consecutive  number  .  . 

Name  of  voter > 

Residence 


[Secondary  stub.] 
Name  or  resristered  number  of  voter 


Device. 


Device. 


Device. 


^^«AIG*,^ 


.jBAlG/y^ 


**/N    T>*^' 


<pAIGf,^ 


HlH    T**^^ 


**;n    TV*^' 


Republican  Ticket. 


Democratic  Ticket. 


Prohibition  Ticket. 


For  Governor, 
Name. 


For  Governor, 
Name. 


For  Governor, 
Name. 


OHIO    ELECTION    LAWS. 


143 


Where  one,  elected  to  an  office  dies  before  his  term  begins, 
no  vacanc}'  is  thereby  created  in  the  ottice  until  the  end  of  the 
term  of  the  existing  incumbent.  And  if  this  falls  within  thirty 
days  of  the  next  proper  election,  (Sec.  11  Revised  Statutes),  the 
vacancy  cannot  be  filled  by  an  election  thereat. 

State  Ex  rel.  v.  Dahl  et  al.,  55  O.   S.   195. 

It  is  the  imperative  duty  of  the  secretary  of  state,  as  state 
supervisor  of  elections,  to  send  to  the  deputy  supervisors  the  form 
of  ballot  to  be  used  at  an  approaching  election  immediately  upon 
the  expiration  of  the  time  allowed  for  correcting  the  certificates 
of  nomination. 

State  Ex  rel.  Fitzsimmons  v.  Taylor,  Secretary,  55  O. 
S.  385. 

The  secretary  having  rightly  performed  that  duty  properly 
refused  to  instruct  the  deputy  supervisor  to  omit  from  the  ticket 
the  name  of  a  candidate  who  subsequently  withdrew  there  being 
no  nomination  to  fill  the  vacancy. 

State  Ex  rel.  Fitzsimmons  v.  Taylor,  Secretary,  55  O. 
S.  385. 

Where  several  members  of  a  board  (school)  are  to  be  elected 
at  one  election  but  for  different  terms  of  office,  the  ballots  must 
state  to  which  term  the  candidate  is  elected  otherwise  the  ballot 
will  be  declared  void  although  the  entire  election  may  be  invali- 
dated thereby. 

State  Ex  rel.  v.   Schaffer  et  al.,  18  C.  C.  525.    " 

For  each  separate  question  to  be  submitted  to  a  vote  of  the 
people,  a  seoarate  ballot  and  separate  ballot  box  must  be  provided, 
to  be  presided  over  bv  the  same  judges  and  clerks  of  election.  L. 
10-4-02. 

The  Statute  does  not  prescribe  the  form  in  which  such  propo- 
sition shall  be  submitted  on  the  separate  ballot.  The  statements, 
howev,er,  should  be  printed  upon  the  ballot  in  one  column,  the 
affirmative  first  and  the  negative  following.     L.   10-25-06. 

Where  the  board  of  commissioners  of  a  cbtmty,  acting  under 
authority  of  Sec.  2925,  proceeds  to  submit  to  the  voters  of  the 
county  the  question  of  building  any  public  county  building  or 
imildings,  or  purchases  sites  therefor  by  general  tax,  and  has 
certified  such  action  to  the  deputy  state  supervisors  of  the  county, 
it  is  the  duty  of  the  latter  board  to  prepare  and  print  at  public 
expense  separate  ballots  and  distribute  the  same  among  the  several 
precincts  of  the  county.  At  such  election  such  separate  ballots 
must  be  deposited  in  a  separate  ballot-box  with  separate  poll  books 
presided  over  by  the  regular  judges  or  clerks  of  election.  A  re- 
turn of  the  vote  on  such  proposition  must  be  made  by  the  judges 
and  clerks  to  the  deputy  state  supervisors  as  other  election  returns 
are  made.  The  deputy  state  supervisors  should  canvass  the  vote 
from  the  several  precincts  of  the  county,  declare  the  result  and 
make  out  return  thereof  to  the  County  Commissioners.     L.  10-25-06. 


BOOTHS,   GUARD-RAILS,   ETC. 

(2966-33.)  Sec.  19.  The  deputy  state  supervisors 
shall  provide  a  sufficient  number  of  voting  shelves  at 
which  electors  may  conveniently  mark  their  ballots,  so 
that  in  the  marking  thereof  they  shall  be  protected  from 
the  observation  of  others  by  cloth  screens  or  other  de- 
vice, extending  from  the  top  of  the  booth  to  a  level  with 
or  below  the  voting  shelf,  and  a  guard-rail  shall  be  so 
■constructed  and  placed  that  only  such  persons  as  are  in- 


Voting  shelves 
and    guard- 
rails, arrange- 
ment of. 


144 


OHIO    ELECTION    LAWS. 


Arrangement 
of  ballot-boxes 
and   voting 
booths. 

Number    of 

shelves 

required. 

Who   per- 
mitted  within 
rail. 


Supplies    for 

marking 

ballots. 


Return  of 
booths, 
guard-rails, 
etc. 


Placing   of 
such    equip- 
ment   for 
elections. 


side  said  rail  can  approach  within  six  feet  of  the  ballot- 
boxes  or  of  such  voting  shelves.  The  arrangements  shall 
be  such  that  neither  the  ballot-boxes  nor  the  voting 
booths  shall  be  hidden  from  view  of  those  outside  of  the 
said  rail.  The  number  of  such  voting  shelves  shall  not 
be  less  than  one  for  every  seventy  five  electors  qualified 
to  vote  at  such  polling  place.  No  person  other  than  the 
judges  of  election  and  such  officers  as  are  provided  for 
by  the  statutes  of  this  state  or  of  the  United,  States,  and 
electors  admitted  _as  herein  provided,  shall  be  permitted 
within  said  rail,  except  by  authority  of  the  election  offi- 
cers, for  the  purpose  of  keeping  order  and  enforcing  the 
law.  Each  voting  shelf  shall  be  provided  with  proper 
supplies  and  conveniences  for  marking  the  ballot.  After 
each  election  the  judges  of  elections  shall  see  that  the 
booths,  guard-rails  and  other  equipments  are  returned  to 
the  clerk  or  auditor  of  the  township  or  corporation  in  which 
the  precinct  is  situated,  for  safe  keeping,  and  it  shall  be  the 
duty  of  such  clerk  or  auditor  to  have  such  booihs  and  equip- 
ments on  hand  and  in  place  at  the  polHng  place  in  each 
precinct  before  time  for  opening  the  polls  on  election  day, 
and  for  this  service  the  deputy  state  supervisor  may  allow 
the  necessary  expense  incurred ;  provided  that  in  registra- 
tion cities  this  duty  shall  devolve  on  the  board  of  deputy 
.state  supervisors.     [97  v.  234.] 


Appointment 
and  privileges 
of  party 
challengers. 


Oath   of 
challengers. 


Challenges. 


CHALLENGERS  —  OATH. 

(2966-34.)  Sec.  20.  Two  challengers  may  be  ap- 
pointed by  the  precinct  committeeman  of  each  political 
party  having  candidates  to  be  voted  for  at  such  election, 
who  shall  be  admitted  to  the  polling  place  for  the  purpose 
of  challenging  electors  in  such  precincts  where  the  voters 
are  not  registered,  and  they  may  keep  tally  of  the  electors 
voting;  and  in  all  special  elections  when  no  candidates 
are  to  be  elected,  the  judges  of  election  in  each  precinct 
shall  at  least  one  day  before  the  election,  appoint  and 
make  public  two  known  representatives  of  each  side  of 
the  question  to  be  submitted,  as  challengers ;  the  challen- 
gers shall  serve  without  compensation  from  the  county, 
city,  village  or  township,  and  shall  take  the  following 
oath,  to  be  administered  by  one  of  the  judo'es  of  election: 

You  do  solemnly  swear  (or  affirm)  that  you  will  sup- 
port the  constitution  of  the  United  States  and  of  this 
state ;  that  you  will  faithfully  and  impartially  discharge 
the  duties  as  official  challenger,  assigned  by  law ;  that  you 
will  not  cause  any  delay  to  persons  offering  to  vote  further 
than  is  necessary  to  procure  satisfactory  information  of  the 
qualifications  of.  such  person  as  elector,  and  that  you  will 
not  disclose  or  communicate  to  any  person  how  any  elector 
has  voted  at  such  election. 

Any  voter  may  be  challenged  by  any  challenger,  judge 
or  clerk  of  the  election,  and.  if  challenged,  shall  establish 


OHIO    ELECTION    LAWS. 


145. 


his  right  to  vote  as  now  provided  by  law.  Any  elector 
of  the  precinct  may  notify  the  judges  of  election,  in  writ- 
ing, that  he  challenges  the  right  of  any  person  or  persons 
to  vote,  giving  the  reason,  and  such  person  or  persons  shall 
be  deemed  challenged  as  above.     [97  v.  234.] 

The  proper  time  to  challenge  a  voter,  is  when  he  offers  to 
vote,  and  not  when  he  demands  a  ballot.     T.  10-29-96. 

Where  a  ticket  or  candidate  has  been  nominated  by  independ- 
ent nomination  papers,  such  independent  candidates  have  no  right 
under  authority  of  this  section  to  the  appointment  of  separate  chal- 
lengers   and   inspectors.     L.    10-22-04. 

A  political  party  entitled  under  this  section  to  name  chal- 
lengers, is  a  political  party  within  the  meaning  of  Sec.  2966-18. 
L.  10-27-05. 


BALLOT  —  HOW   PREPARED. 

(2966-35.)  Sec.  21.  Any  person  desiring  to  vote 
and  legally  entitled  to  vote  at  such  election  shall  give  his' 
name,  and  in  precincts  where  the  registration  law  is  in 
force  his  residence  to  the  election  offi'cer"  holding  the 
ballots,  who  shall  write  tlie  sarne  upon  the  main  stub  of 
the  ticket  in  the  blank  space  provided  therefor.  Such  officer 
shall  then  mark  upon  the  secondary  stub  the  elector's  regfis- 
tered  number  in  all  precincts  in  which  a  registration  law 
is  in  force,  and  all  other  precincts  the  elector's  full  name. 

One  of  the  election  officers  shall  then  detatch  the  bal- 
lot, with  the  secondary  stub  attached,  from  the  main  stub, 
fold  the  same,  and  shall  hand  it  to  the  elector,  and  the 
elector  shall  be  allowed  to  enter  the  place  inclosed  by  the 
guard-rail.  The  officer  shall  give  him  one,  and  only  one 
ballot. 

On  receipt  of  his  ballot,  the  elector  shall  forthwith, 
and  without  leaving  the  inclosed  space,  retire  alone  to 
one  of  the  voting  shelves,  and  without  undue  delay  un- 
fold and  mark  his  ballot  as  hereinafter  described.  No  elec- 
tor shall  be  allowed  to  occupy  a  voting  shelf  already  oc- 
cupied by  another,  or  to  occupy  a  voting  shelf  for  more 
than  five  minutes,  in  case  all  the  shelves  are  in  use  and 
electors  waiting  to  occupy  the  same,  or  to  speak  to  or 
converse  with  any  one,  except  as  herein  provided  while 
within  tbe  guard-rail.  All  marks  upon  the  ballot  must 
be  made  by  black  leadpencil.  If  an  elector  soil  or  deface 
a  ballot  so  that  it  cannot  be  used,  he  may  successively 
obtain  others,  one  at  a  time,  not  exceeding  in  all  three, 
upon  returning  each  ballot  so  soiled  or  defaced,  which 
shall  be  immediately  destroyed ;  provided,  if  an  elector 
who  has  defaced  three  ballots,  shall  satisfy  the  judges 
that  the  same  were  defaced  by  accident  or  honest  mistake, 
and  not  for  any  fraudulent  purpose,  the  judges  shall  deliver 
him  another  ballot  and  help  him  mark  the  same. 
10     E  L 


lintry  of 
name,    resi- 
dence and 
registered 
number  of 
elector   upon 
stubs  of  bal- 
lot 


Delivery    of 
ballot  to  elec- 
tor. 


General   pro- 
visions   relat- 
ing to  prepa- 
ration of 
ballot 


146 


OHIO    ELECTION    LAWS. 


Rules    for 
marking. 

For  a  straight 
ticket. 


For  a  mixed 
ticket. 


When  two  or 
more  persons 
are  to   be 
elected  to  the 
same  office. 


The  elector  shall  observe  the  following  rules  in  marking 
his  ballot: 

1.  If  the  elector  desire  to  vote  a  straight  ticket,  or  in 
other  words  for  each  and  every  candidate  of  one  party  for 
whatever  office  nominated,  he  shall,  either, 

(a)  Make  a  cross  mark  in  the  circular  space  below  the 
device  and  above  the  name  of  the  party  at  the  head  of  the 
ticket ;  or 

(&)  Make  a  cross  mark  on  the  left  and  opposite  the 
name  of  each  and  every  candidate  of  such  party  in  the  blank 
space  provided  therefor. 

2.  If  the  elector  desires  to  vote  a  mixed  ticket,  or  in 
other  words,  for  candidates  of  different  parties,  he  shall, 
either, 

(a)  Omit  making  a  cross  mark  in  the  circular  space 
above  the  name  of  the  party,  and  make  a  cross  mark  in  the 
blank  space  before  the  name  of  each  candidate  for  whom  he 
desires  to  vote  on  whatever  ticket  he  may  be;  or, 

(b)  Make  a  cross  mark  in  the  circular  space  above  the 
name  of  a  party,  some  of  whose  candidates  he  desires  to  vote 
for,  and  then  make  a  cross  mark  before  the  name  of  any  can- 
didate of  any  other  party  for  whom  he  may  desire  to  vote ; 
in  which  case,  the  cross  mark  in  the  circular  space  above  the 
name  of  the  party  will  cast  the  elector's  vote  for  every  can- 
didate on  the  ticket  of  such  party,  except  for  officers  for 
which  candidates  are  marked  on  other  party  tickets,  and  the 
cross  marks  before  the  names  of  such  candidates  will  cast 
the  elector's  vote  for  them ;  provided,  that  where  two  or 
more  persons  for  the  same  office  are  to  be  voted  for  in  any 
precinct,  as  two  or  more  representatives  or  other  officers, 
and  the  .names  of  several  candidates  therefor  appear  on  each 
party  ticket  grouped  under  the  office  for  which  all-  are  run- 
ning, the  elector  who  has  marked  a  ticket  in  the  circular 
space  at  its  head,  and  marked  one  or  more  of  a  group  of 
candidates  for  such  office  on  another  ticket  or  tickets,  must 
in  addition  to  marking  the  ticket  in  the  circular  space  at  its 
head,  also  make  a  cross  mark  before  each  one  of  the  group 
of  candidates  for  such  office  for  whom  he  desires  to  vote  on 
the  ticket  thus  marked ;  or  instead  of  marking  the  candi- 
dates for  such  office  he  desires  to  vote  for  on  the  ticket 
market  by  him,  he  may  erase  the  names  of  candidates  for 
such  office  whom  he  does  not  desire  to  vote  for  on  the  ticket 
thus  marked  by  him  to  the  number  of  candidates  for  such 
office  marked  by  him  on  other  party  tickets,  in  which  case 
his  vote  shall  be  counted  for  the  candidates  for  such  office 
not  erased ;  and  provided,  further,  if  an  elector  who  has 
thus. marked  a  party  ticket  in  the  circular  space  at  the  head 
thereof  and  marked  one  or  more  candidates  on  another 
ticket  or  tickets  for  an  office  for  which  there  are  more  than 
one  candidate  on  his  own  party  ticket,  fail  or  neglect  to 
indicate  either  by  individual  marks  or  by  erasures,  as  afore- 


OHIO    ELECTION    LAWS. 


147 


said,  which  of  the  several  candidates  for  the  same  office  on 
his  own  party  ticket  he  desires  to  vote  for,  then  and  in  such 
event,  the  vote  shall  be  counted  only  for  the  candidate  or 
candidates  for  that  office  that  have  the  distinguishing  mark 
before  his  or  their  names. 

If,  in  marking  either  a  straight  or  mixed  ticket  as 
above  defined,  a  cross  mark  is  made  in  the  circular  space 
above  the  name  of  a  party  at  the  head  of  the  ticket,  and  also 
one  or  more  cross  marks  made  before  the  name  or  names 
of  candidates  on  the  same  ticket  for  offices  for  which  candi- 
dates on  other  party  tickets  are  not  individually  marked, 
such  marks  before  the  names  of  candidates  on  the  ticket  so 
marked,  shall  be  treated  as  surplusage  and  ignored,  and  the 
ballot  be  counted  for  all  the  candidates  on  the  ticket  thus 
marked  for  offices  for  which  no  candidates  on  other  tickets 
are  marked ;  but  this  provision  is  subject  to  the  exception  in 
the  proviso  in  the  last  paragraph,  where  two  or  more  persons 
for  the  same  office  are  grouped  on  party  tickets. 

In  the  case  of  a  question  submitted,  the  elector  shall 
make  a  cross  mark  in  the  blank  space  on  the  left  of  and 
before  the  answer  which  he  desires  to  give. 

If  the  elector  desires  to  vote  for  any  person  whose 
name  does  not  appear  on  the  ticket  he  can  substitute  the 
name  by  writing  it  in  black  lead  pencil  or  black  ink  in  the 
proper  place,  and  making  a  cross  mark'in  the  blank  space 
at  the  left  of  the  name  so  written. 

If  the  elector  mark  more  names  than  there  are  persons 
to  be  elected  to  an  office,  or  if,  for  any  reason,  it  is  impos- 
sible to  determine  the  voter's  choice  for  an  office  to  be  filled, 
his  ballot  shall  not  be  counted  for  such  office. 

No  ballot  shall  be  rejected  for  any  technical  error  which 
does  not  make  it  impossible  to  determine  the  voter's  choice. 
[89  V.  444.] 


Surplus 
marks. 


Submission  of 
question. 


Substitution 
of  name  of 
person  not  on  . 
ticket. 


When  ballot 
not  to  be 
counted   for 
certain   office. 


Disregard  of 
technicalities. 


A  voter  at  a  municipal  election  put  a  cross-mafk  on  a  ticket 
in  the  place  provided  to  indicate  a  straight  vote  for  that  ticket ; 
put  no  other  mark  on  that  ticket,  but  drew  a  line  diagonally  across 
the  other  ticket  printed  on  the  same  ballot,  there  being  but  two 
tickets  on' the  ballot,* in  such  a  way  as  to  emphasize  his  intention 
to  vote  a  straight  ticket.  Held :  That  his  error  in  drawing  such 
line  is  technical  only,  and  his  intention  to  vote  a  straight  ticket 
being  clear,  the  vote  should  not  be  rejected,  but  counted  for  all 
the  candidates  on  the  ticket  on  which  the  cross  mark  was  made. 
And  generally  when  the  voter  has  indicated  his  intention  to  vote 
a  straight  ticket  by  placing  a  cross-mark  in  the  place  provided  at 
the  top  of  the  ticket,  his  vote  should  not  be  lost  because  of  addi- 
tional marks  put  by  him  on  another  ticket  merely  for  the  evident 
purpose  of  emphasizing  such  intention. 

Stearns  v.  Taylor  et  al.,  1  iNi.  r.  ao. 

The  provision  of  the  Australian  Ballot  Law  that  "all  marks 
upon  the  ballot  must  be  made  with  a  black  lead  pencil  and  the 
further  provision  that  "no  ballot  shall  be  rejected  for  any  technical 
error  which  does  not  make  it  impossible  to  determine  the  voter's 
choice,"  does  not  render  invalid  a  ballot  upon  which  the  con- 
testant's name  was  written  with  a  blue  pencil;  nor  a  ballot  upon 
which  a  black  pencil  line  is  drawn  through  the  name  of  a  candi- 


148 


OHIO    ELECTION    LAWS. 


date  and  the  i  ame  of  an  opposing  candidate  written  under  and 
partly  througli  it  notwithstanding  no  cross  mark  appears  opposite 
the  letter's  name  ;  nor  a  ballot  containing  a  ticket  upon  which  no' 
nanus  cf  cindidates  appear  in  the  printed  designations  of  the 
severjul  o'Pxes,  whereon  a  name  is  written  beneath  the  line  designat- 
ing the  lire  ox  the  office  for  which  the  candidate  whose  name  thus 
app,e:irs  is  running. 

State  Ex  rel.   v.   Conser,  5  C.   C.    (N.   S.)    119. 

The  provisions  of  the  Australian  Ballot  Law,  pertaining  to 
the  color  of  the  pencil  to  be  used  in  marking  the  ballot,  the  kind 
of  a  mark  by  which  the  voter  indicates  his  choice  and  the  place 
where  the  mark  is  to  be  put  upon  the  ballot,  are  mandatory  and 
must  be  .substantially  complied  with  before  the  ballot  beconles  a 
legal  one  and  can  be  counted. 

In  re.  Jones  Contest  8  N.  P.  395. 

Where  all  the  tickets  on  a  ballot  except  one  are  marked  off 
with  long  cross  marks  extending  from  the  top  of  the  ticket  to  the 
bottom,  and  there  is  no  cross  in  the  circle  over  the  ticket  which  is 
not  thus  erased  and  no  crosses  opposite  the  names  of  the  candidates' 
on  that  ticket,  the  ballot  should  be  rejected  for  failure  on  the  part 
of  the  voter  to  exhibit  any  intention  to  comply  with  the  statute  in 
,the  marking  of  his  ballot.  .   ■ 

Williams  v.  Barker,  17  N.  P.  679,  (B.  Aug.  5,  1907).    ■ 

A  ballot  that  is  properly  marked,  with  the  exception  of  one 
particular  office  for  which  two  candidates  are  voted,  is  valid,  and 
under  Rev.  Stat.  2966  et  scq.  (Lan.  4534  et  seq.)  should  be  counted 
for  all  offices  except  that  particular  one.  —  Ibid. 

A  ballot  with  a  straight  mark  or  a  circle  within  one  of  the 
circles  over  the  several  tickets  does  not  indicate  an  honest  desire 
on  the  part  of  the  voter  to  comply  with  the  statute  in  designating 
the  ticket  he  desires  to  vote,  and  such  a  ballot  should  be  rejected; 
but  where  the  mark  in  the  circle  at  the  head  of  a  ticket  shows  only 
such  an  irregularity  as  might  result  from  an  awkward  use  of  the 
pencil,  the  ballot  should  be  counted.  — Ibid. 


Substitution 
when  no 
nomination 
made  or  nam  2 
of  nominee 
omitted; 
marking  -of 
ballot  in  such 
case. 


Folding   of 
ballots. 


Receipt  of 
same. 


(2966-36.)  Sec.  2ifl.  If  there  should  be  no  nomina- 
tion for  a  particular  office  by  any  political  party,  or  if,  by 
inadvertence  or  otherwise,  the  name  of  a  candidate  regularly 
nominated  by  such  party  should  be  omitted  from  the  ballot, 
and  the  elector  desires  to  vote  for  some  one  to  fill  such 
office,  he  may  do  so  by  writing  the  name  of  the  person 
for  whom  he  desires  to  vote  in  the  space  underneath  the 
heading:  or  designation  of  such  office  and  make  a  cross 
mark  in  the  circle  at  the  head  of  the  ticket,  in  which  case 
the  ballot  shall  be  counted  for  the  entire  ticket  as  thoug:h 
the  name  substituted  had  been  ori-^inallv  printed  thereon. 
[91  V.  119.] 

BALLOTS  — HOW  CAST. 

(2966-37.)  Sec.  22.  Before  leaving  the  voting  shelf 
the  elector  shall  fc'.".  '..!.:  ijallot  without  displaying  the  marks 
thereon,  and  so  as  to  conceal  the  same,  but  show  the  in- 
dorsements and  fac  simile  of  the  signatures  of  the  proper 
clerk  or  board  and  keen  the  same  so  folded  until  he  has 
delivered  the  ballot  to  the  presiding  officer. 

One  of  the  electiom  officers  shall  receive  the  ballot,  de- 
tach   the    secondary    stub    bearing   the    elector's    registered 


OHIO    ELECTION    LAWS. 


149 


number  or  name,  and  examine  such>stub  for  the  purpose  of 
identification,  and  deposit  the  ballot  in  the  ballot  box;  the 
secondary  stub  shall  he  preserved  until  the  polls  are  closed 
and  shall  then  be  destroyed  before  the  ballot  box  is  opened ; 
the  elector  shall  mark  and  vote  his  ballot  without  undue 
delay,  and  shall  leave  said  enclosed  place  as  soon  as  he  has 
voted. 

When  any  person  shall  have  received  an  official  ballot 
from  one  of  the  election  officers  and  shall  have  delivered 
the  same  to  the  election  officer  having  charge  of  the  ballot 
box  at  the  time,  and  when  such  ballot  has  been  deposited 
in  the  ballot  box,  such  person  shall  be  deemed  to  have 
voted. 

No  elector,  not  an  election  officer,  shall  be  allowed  to 
re-enter  said  enclosed  place  during  said  election  except  for 
the  purpose  of  voting.  No  more  electors  shall  be  allowed 
to  enter  within  said  rail  at  any  one  time  than  there  are 
voting  shelves  provided.  It  shall  be  the  duty  of  the  judges 
of  election  to  secure  the  observance  of  the  provisions  of 
this  section. 

Every  elector  who  does  not  vote  a  ballot  delivered  to 
him  by  the  ballot  officer  shall,  before  leaving  the  polling 
place,  return  such  ballot  to  such  officer. 

Any  elector  who  declares  to  the  presiding  judge  of 
election  that  he  is  unable  to  mark  his  ballot  by  reason  of 
blindness,  paralysis,  extreme  old  a'^e  or  other  physical  in- 
firmity, and  such  physical  infirmity  is  apparent  to  the  judges 
to  be  sufficient  to  incapacitate  the  voter  from  marking  his 
ballot,  properly,  "may  upon  request,  receive  the  assistance  in 
the  marking  thereof  of  two  of  the  judges  of  election,  be- 
longing to  different  political  parties,  and  they  shall  there- 
cifter  give  no  information  in  regard  to  the  matter.  But 
such  assistance  shall  not  be  rendered  for  any  other  cause 
which  the  voter  may  specify,  and  the  presiding  judge  may 
require  such  declaration  of  disability  to  be  made  by  the 
elector  under  oath  before  him. 

No  ballot  without  the  official  endorsement  shall  be 
allowed  to  be  deposited  in  the  ballot  box,  and  none  but 
ballots  provided  in  accordance  with  the  provisions  of  this 
act  shall  be  counted.     [98  O.  L.  225.] 

The  preceding  paragraph  is  the  only  authority  provided  by 
law  for  assisting  an  elector  to  mark  his  ballot.     L.  11-12-06. 

Where  two  voters,  one  blind  and  the  .other  infirm  through  ex- 
treme age  remained  in  a  carriage  outside  the  polls  and  marked 
their  ballots  in  the  presence  and  under  the  direction  of  two  of 
the  election  judges,  and  such  ballots*  were  then  deposited  by  the 
judges,  such  irregularity  will  not  invalidate  these  votes. 

In  re.   Contest  South   Charleston  election,  3  N.   P.   N. 
S.  373. 

It  is  not  the  duty  of  the  judges  to  instruct  a  voter  how  to 
mark  his  ballot  unless  such  voter  is  physically  unable  to  do  so,  by 
reason  of  blindness,  paralysis,  extreme  old   age,  or  other  physical 


Re-entering 
booth. 


Return  of  un- 
voted  ballot. 


Assistance  in 
marking. 


f  noflScial 
ballots. 


150 


OHIO    ELECTION    LAWS. 


infirmity,  and  such  physical  infirmity  must  appear  to  the  judges 
to  be  sufficient  to  incapacitate  the  voter  from  marking  his  ballot 
properly.  Such  assistance  shall  not  be  rendered  for  any  other 
cause  except  as  above  stated.     L.  11-10-05. 

Judges  of  election  are  permitted  to  assist  only  such  persons 
as  are  physically  unable  to  mark  their  ballots,  and  are  not  per- 
mitted to  assist  voters  vv^ho  are  unable  to  read  the  instructions. 
Such  voter  must  ascertain  the  manner  of  marking  the  ticket  before 
entering  the  booth  from  sources  outside  the  judges  of  election. 
K.  3-30-97. 

Judges  of  election  have  no  authority  to  assist  an  elector  in 
rnarking  his  ballot,  unless  he  is  physically  disabled  and  such  phy- 
sical disability  is  apparent  to  the  judges.  The  fact  that  an  elector 
can  not  read  or  write  is  not  a  physical  disability.     T.- 10-29-96. 

A  ballot  is  not  voted  until  it  is  deposited  in  the  ballot  box, 
and  hence  when  a  ballot  was  not  deposited  in  the  box  because  im- 
properly folded,  it    cannot    be    counted. 

Williams  v.  Barker,  17  N.  P.  679,  (B.  Aug.  5,  1307). 


Appointment 
and    privileges 
of  party  in- 
spector. 


Special   elec- 
tions. 


Who  admitted 
to   polling 
place. 

Certificate 
and  procla- 
mation   of 
vote  cast. 


Destruction  of 

unvoted 

ballots. 


POLLS  CLOSED  — UNUSED  BALLOTS 
DESTROYED. 

(2966-38.)  Sec.  23.  The  county  executive  committee 
of  each  party  having  a  ticket  to  be  voted  at  an  election 
may  designate  a  suitable  person  to  be  present  as  inspector 
and  witness  and  inspect  the  counting  of  the  votes  in  each 
precinct,  and  who  shall  be  admitted  to  said  voting  place, 
and  who  shall  be  entitled  to  a  copy  of  the  certificates  pro- 
vided for  in  this  act ;  and  in  all  special  elections  where  there 
are  no  candidates  to  be  elected,  the  judges  of  election  shall 
at  least  one  day  before  the  election  appoint  and  make  public 
one  known  representative  of  each  side  of  the  question  to  be 
submitted,  as  inspector ;  but  no  other  person  except  the  elec- 
tion officers  shall  be  admitted  to  said  polling  place  before  or 
after  the  count  begins.  Immediately  upon  the  close  of  the 
polls,  the  number  of  electors  entered  and  shown  on  the 
poll-books  as  having  voted,  shall  be  first  certified  therein 
and  signed  by  the  board  of  judges  and  the  clerks;  and  be- 
fore any  other  or  further  proceedings  the  president  or  chair- 
man of  the  board  shall  make  proclamation  in  a  loud  voice 
outside  of  the  polling  room,  stating  the  number  of  voters 
so  shown  and  certified  on  the  poll-books.  Thereupon  the 
judges  shall,  in  the  presence  of  the  clerks  and  inspectors 
above  provided  for,  destroy  the  ballots  remaining  unvoted. 
[97  V.  235.] 


A  candidate  who  is  present  at  the  counting  of  the  ballots, 
and  declared  himself  satisfied  with  the  result  is  not  thereby  estopped 
from  contesting  the  election. 

State  Ex  rel.  v.  Conser,  5  C.  C.  (N.  S.)   119. 
•The  word  "Election  officers"  as  used  in  Sec.  23  of  the  ballot 
act,  includes  the  challengers. 

Oliver  v.  Bode  et  al.  6  O.  D.  57. 
A  committee  of  five  named  in  nomination  papers  to  repre- 
sent an  independent  candidate,  is  not  authorized  to  "designate  a 
suitable  person  to  be  present  as  inspector  to  witness  and  inspect 
the  counting  of  the  vote  in  each  precinct"  within  the  provisions 
of  this  section.     L.  10-9-01. 


OHIO   ELECTION    LAWS. 


161 


The  words  "voting  place"  should  be  construed  to  mean  the 
room  or  apartment  in  which  the  judges  are  during  the  covmting 
of  the  ballots.    L.  6-6-02. 

A  poHtical  party  entitled,  under  this  section  to  name  an  in- 
spector, is  a  political  party  within  the  meaning  of  Sec.  296Q-18. 
L.  10-27-05. 

No  one  other  than  election  officers  and  inspectors  shall  be 
present  or  witness  the  count  of  ballots.     L.  10-31-06. 

See  note,  to  Sec.  2966-24  as  to  right  of  independent  candidates 
to  appoint  challengers. 

See  note  to  Sec  2966-3,  as  to  "Executive  Committee." 


CANVASS  OF  VOTES. 

(2966-39.)  Sec.  24.  The  ballot-box  shall  then,  with- 
out any  adjournment  or  delay  be  opened,  and  without  open- 
ing any  ballot  or  ascertaining  its  contents,  the  number  of 
ballots  shall  first  be  counted.  If  the  number  of  ballots  ex- 
ceeds the  number  of  names  on  the  poll-books,  the  ballots 
shall  be  replaced  in  the  box,  and  one  of  the  judges  shall, 
with  his  back  to  the  box  and  without  seeing  it,  draw  out, 
without  showing  them,  and  destroy  a  number  of  ballots 
equal  to  the  excess.  And,  if  during  the  counting  of  the 
ballots  or  at  the  conclusion  of  the  counting,  an  excess  of 
ballots  be  discovered,  all  the  ballots  shall  be  returned  to 
the  box,  and  after  being  thoroughly  mingled  the  excess 
shall,  in  the  manner  directed  above,  be  drawn  out  and  de- 
stroyed, and  the  count  corrected  accordingly.  In  all  cases 
where  ballots  have  thus  been  drawn  out  and  destroyed,  a 
minute  of  the  number  destroyed  and  the  reason,  shall  be 
made  on  the  tally-sheet.  The  ballots  shall  then  be  taken 
out,  one  at  a  time,  by  one  of  the  judges,  who  shall  read 
aloud  distinctly,  while  the  ticket  remains  in  his  hands,  the 
name  or  names  voted  for  thereon,  except  that  a  straight 
ticket  may  be  announced  as  such  and  be  so  counted,  and 
then  delivered  to  the  second  judge,  who  shall  examine  the 
same  and  pass  it  to  the  third  judge,  and  so  on  to  the  fourth, 
who  shall  preser\^e  it ;  and  the  same  method  shall  be  ob- 
served in  respect  to  each  of  the  tickets  taken  out  of  the 
ballot-box  until  all  the  ballots  have  been  taken  out  of  the 
ballot-box.  The  clerks  shall  enter  in  separate  columns  by 
tallies  under  or  opposite  the  names  of  tlie  persons  voted 
for,  as  provided  in  the  form  of  tally-sheets,  all  the  votes 
thus  read  by  the  judges.  After  the  examination  of  the 
ballots  has  been  completed  the  number  of  votes  for  each 
person  shall  be  enumerated  under  the  inspection  of  the 
judges,  and  set  down  as  provided  in  the  form  of  the  tally- 
sheets  :  when  the  result  of  the  ballot  is  ascertained  it  shall 
immediately  be  announced  by  one  of  the  judges  in  front  of 
the  polling  place,  and  a  copy  thereof  certified  by  the  judges 
and  clerks  posted  on  the  front  of  the  polling  place,  and  a 
certified  copy  thereof  given  to  the  persons  hereinafter  desig- 
nated as  being  entitled  to  be  present  at  the  counting  of  the 
votes.  When  all  these  requirements  are  complied  with  the 
judges  shall,  in  the  presence  of  the  clerks  and  the  inspectors. 


opening    of 
ballot-box. 
counting    of 
ballots. 

Excess  of 
ballots  to  be 
destroyed. 


Minute,  of  de- 
stroyed   bal- 
lots. 


Completion  of 
count. 


Proclamatioa 
of    result. 


nestruction 
of    ballots 
counted. 


162 


OHIO    ELECTION    LAWS. 


Preservation 
of  disputed 
■ballots. 


destroy  by  burning  the  ballots  so  read  and  counted,  pro- 
vided, however,  if  there  are  any  ballots  cast  and  counted  or 
left  uncounted  concerning  the  legality  of  which  there  is  any 
doubt  or  difference  of  opinion  in  the  minds  of  the  judges 
of  election,  said  ballots  shall  not  l3e  destroyed,  but  sealed 
up  and  returned  to  the  deputy  state  supervisors  with  the 
returns  of  the  election  for  sueh  judicial  or  other  investiga- 
tion as  may  be  necessary,  with  a  true  statement  as  to 
whether  they  have  or  have  not  been  counted,  and  if  counted, 
what  part  and  for  whom.     [97  v.  235.]  . 


Making 
transmission 
and  preserva- 
tion of  re- 
turns,   tally- 
sheets  and 
poll-books. 


Registration 
cities. 

Period  during 
which  judges 
and  clerks 
shall  not  sep- 
arate or  leave 
polling   place 
under  pennlty. 


The  last  part  of  this  section  was  intended  for  evidence  in  a 
proper  contest,  but  confers  no  authority  on  the  deputy  supervisors 
to  enter  upon  the  investigation. 

State  V.   Tanzey,  49  O.    S.   656-651. 

The  deputy  supervisors  have  no  authority  to  open  the  en- 
velopes containing  the  disputed  ballots  which  are  required  to  be 
filed  in  their  office  by  the  judges  and  clerks  of  election.  They 
are  simply  the  custodians,  and  the  ballots  are  placed  in  their  hands 
for  safekeeping,  and  can  be  opened  only  in  case  of  a  contest  or 
other    judicial    investigation.     T.    11-8-93. 

The  question  of  qualification  of  a  voter  must  be  decided  by 
the  judges  of  election,  at  the  time  he  presents  himself  to  vote, 
and  their  decision  must  be  governed  by  the  instructions  prepared 
and  furnished  by  the  Secretary  of  State  under  Sec.  2966-14  R.  S. 
L.  11-5-06. 

A  mutilated  ballot  should  be  rejected,  for  the  reason  that  it 
would  afford  a  sure  means  of  identifying  the  ballot,  and  there  is  a 
provision  'for  supplying  a  voter  with  a  second  ballot  if  the  first  is 
spoiled  in  the  marking. 

Williams  v.  Barker,  17  N.  P.  679,  (B.  Aug.  5,  1907). 

(2966-40.)  Sec.  25.  After  canvassing  the  votes,  in 
addition  to  the  requirements  of  section  8  of  the  supervisory 
election  law,  the  judges  and  clerks  in  each  precinct  shall 
make  out  the  returns  of  the  election  in  duplicate,  sign  and 
certify  one  of  the  poll-books  and  tally-sheets  thereof,  and 
immediately  transmit  the  same  to  the  deputy  state  super- 
visors by  the  presiding  judge  or  such  other  judge  as  he  may 
designate ;  the  other  poll-book  and  tally-sheet  signed  and 
certified  in  like  manner,  shall  be  forthwith  deposited  with 
the  clerk  of  the  township  or  the  clerk  or  auditor  of  the 
municipal  corporation,  as  the  case  may  require,  by  another 
judge  designated  by  the  presiding  judge,  to  be  preserved  one 
year  after  the  date  of  such  election.  Such  returns  shall  be 
securely  sealed  up  in  an  envelope  and  addressed  transversely 
upon  the  upper  end  thereof  to  the  proper  officer  with  whom 
they  are  to  be  deposited,  with  the  designation  of  the  town- 
ship, precinct  and  country;  provided,  that  in  registration 
cities  such  delivery  shall  be  made  as  now  provided  by  law. 
From  the  time  the  ballot-box  is  opened  and  the  count  of 
votes  begun,  until  the  votes  are  counted  and  the  returns 
made  out,  signed  and  certified  as  required  by  law,  and  de- 
livered to  the  judges  selected  for  such  duty  for  transmission, 
the  judges  and  clerks  of  the  precincts  shall  not  separate, 


OHIO    ELECTION    LAWS. 


153 


nor  any  judge  or  clerk  leave  the  polling  place  except  from 
unavoidable  necessity,  under  penalt)'  of  a  fine  of  not  less 
than  fifty  nor  more  than  one  hundred  dollars.     [97  v.  236.] 

PRINTING  FALSE  BALLOT. 

(2966-41.)  Sec,  26.  Any  printer  employed  to  print 
the  official  ballots,  or  any  person  engaged  in  printing  the 
same,  who  shall  print  or  cause  or  permit  to  be  printed,  any 
officjal  ballots  printed  otherwise  than  according  to  the  copy 
for  the  same  furnished  him  by  the  said  clerk  or  board  of 
elections,  or  any  false  or  fraudulent  ballots,  or  who  appro- 
priates to  himself  or  gives  or  delivers-  or  knowingly  permits 
to  be  taken  any  of  said  ballots  by  any  other  person  than  the 
said  clerk  or  board,  or  who  knowingly  and  wilfully  seals  up 
or  causes  or  permits  to  be  sealed  up  or  delivers  to  the  said 
clerk  or  board,'  a  less  number  of  ballots  than  the  number 
indorsed  thereon ;  and  any  person  who  shall  knowingly  have 
in  his  possession  any  official  ballot  illegally  obtained,  or  shall 
knowingly  attempt  to  vote  any  other  than  an  official  ballot 
lawfully  obtained,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  be  fined  not  less  than  two  hundred  and  fifty  nor  more 
than  one  thousand  dollars,  or  be  imprisoned  not  less  than 
thirty  days  nor  more  than  six  months  or  both.     [89  v.  449.] 

(2966-42.)  Sec.  27.  Any  judge  or  clerk  of  election, 
or  printer  or  other  person  entrusted  with  the  custody  or 
delivery  of  ballots,  blanks,  poll-books,  cards  of  instruction  or 
other  required  papers,  who  shall  unlawfully  open  or  permit 
to  be  opened,  any  sealed  package  containing  ballots,  or  who 
shall  give  or  deliver  to  any  person  not  lawfully  entitled 
thereto,  or  shall  unlawfully  misplace  or  carry  away  or  shall 
negligently  lose,  or  permit  to  be  taken  from  him,  or  fail  to 
deliver,  or  shall,  except  as  in  this  act  provided,  destroy  anv 
such  package  of  ballots,  or  any  ballot,  blank,  poll-book,  card 
of  instruction,  or  other  required  paper,  shall  be  fined  not  less 
than  One  hundred  dollars,  nor  more  than  one  thousand  dol- 
lars, or  imprisoned  in  jail  more  than  one  year,  or  both. 
[89  V.  449.] 


Penalty    for 
offenses    per- 
taining   to 
printing  or 
use  of  ballots. 


Penalty  for 
offenses  per- 
taining to  cus- 
tody or  de- 
livery of  bal- 
lots, blanks, 
poll-books, 
cards   of   in- 
struction,  etc. 


DESTROYING,   DEFACING  BALLOTS,   ETC. 

(2966-43.)  Sec.  28.  Any  person  who  shall  falsely 
make  or  wilfully  deface  or  destroy  any  certificate  of  nom- 
ination, or  nomination  papers,  or  any  part  thereof,  or  anv 
letter  of  withdrawal,  or  sign  any  such  certificate  or  paper 
contrary  to  the  provisions  of  this  act,  or  file  any  certificate 
of  nomination,  or  nomination  paper  or  letter  of  withdrawal, 
knowing  the  same  or  any  part  thereof  to  be  falsely  made, 
or  suppress  any  certificate  of  nomination  or  nomination 
paper,  or  any  part  thereof,  which  has  been  duly  filed,  or 
forge  or  falsely  make  the  official  endorsement  on  any  ballot ; 
or  shall  wilfully  deface,  tear  down,  remove  or  destroy  any 
card  of  instructions  or  specimen  ballot  printed  and  posted 


Penalty    for 
offenses  per- 
taining to 
certificates    of 
nomination^ 
nomination 
papers,  letters 
of   withdrawal, 
ballots,  cards 
of  instruction, 
supplies  for 
marking  bal- 
lots,   delaying 
voters,   etc. 


154 


OHIO    ELECTION    LAWS. 


for  the  instruction  of  voters,  or  during  an  election  wilfully 
remove  or  destroy  any  of  the  suppHes  or  conveniences 
furnished  to  enable  a  voter  to  prepare  his  ballot,  or  shall 
wilfully  destroy  or  deface  any  ballot,  or  shall  take  or  re- 
move or  be  found  in  the  possession  of  any  ballot  outside  of 
the  inclosure  provided  for  voting  before  the  close  of  the 
polls,  or  shall  wilfully  hinder  or  delay  the  delivery  of  any 
ballots,  or  shall  wilfully  hinder  or  delay  the  voting  of  others, 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred 
dollars  and  not  more  than  one  thousand  dollars,  or  imr 
prisoned  in  jail  not  more  than  one  year,  or  by  both  fine  and 
imprisonment.      [89  v.  449.] 


misleading 
voter,   or  dis- 
closing  how 
he    voted. 


MISLEADING  VOTER  —  PENALTY. 

(2^66-4.^.)  Sec.  29.  Any  judge  or  clerk  who  shall 
mislead  an  illiterate  voter  or  a  voter  who  is  blind  or  for 
any  reason  unable  to  prepare  his  ballot,  or  who  shall  pre- 
pare a  ballot  for  such  voter  otherwise  than  is  directed  by 
him,  or  who  shall  disclose  to  any  person,  except  when 
legally  required  to  do  so,  how  such  voter  directed  his  bal- 
lot to  be  prepared,  or  Iz-.v  he  voted,  shall  be  fined  not 
less  than  one  hundred  nor  more  than  one  thousand  dollars, 
and  imprisoned  in  jail  not  less  than  three  nor  more  than 
twelve  months.      [89  v.  450.] 


Penalty    for 
offenses   per- 
taining   to 
marking   of 
ballots,    vot- 
ing,   etc. 


PENALTY—  EXPOSING  BALLOT,  DECEIVING 
ELECTOR,  ETC. 

(2966-45.)  Sec.  30.  Any  elector  who  shall,  except 
as  otherwise  herein  provided,  allow  his  ballot  to  be  seen 
by  any  person,  with  an  apparent  intention  of  letting  it  be 
known  how  he  is  about  to  vote,  or  shall  purposely 
mark  his  ballot  so  it  may  be  identified  after  it  has  been 
cast,  or  who  shall  make  a  false  statement  as  to  his  in- 
ability to  mark  his  ballot,  or  any  election  officer  who  shall 
deceive  any  elector  in  marking  his  ballot,  or  mark  the 
same  in  any  way  other  than  as  requested  by  such  elector, 
under  the  provisions  of  this  act,  or  any  person  who  shall 
interfere,  or  attempt  to  interfere,  with  any  elector  when 
inside  said  ^enclosed  place,  or  when  marking  his  ballot,  or 
shall  attempt  to  speak  or  converse  with  any  person  while 
within  the  guard-rail,  except  as  herein  provided,  or  who 
shall  endeavor  to  induce  any  elector,  after  voting,  to  show 
how  he  has  marked  his  ballot,  shall  be  punished  by  a  fine 
of  not  less  than  twenty-five  dollars  nor  more  than  five 
hundred  dollars,  or  by  imprisonment  in  the  jail  not  more 
than  six  months,  or  by  both  such  fine  and  imprisonment. 
[89  v.  450.] 


OHIO   ELECTION    LAWS. 


155 


PENALTY  FOR  NEGLECT  OF  DUTY. 

(2966-46.)  Sec.  31.  Any  public  officer  upon  whom 
a  duty  is  imposed  by  this  act  who  shall  wilfully  or  neg- 
ligently violate  his  said  duty ;  or  who  shall  wilfully  neglect 
to  perform  such  duty,  or  who  shall  wilfully  perform  it  in 
such  a  way  as  to  hinder  the  objects  of  this  act,  or  who 
shall  wilfully  disobey  any  provisions  of  this  act,  shall  be 
punished  by  a  fine  of  not  less  than  fifty  dollars  nor  more 
than  one  thousand  dollars,  or  by  imprisonment  in  jail  not 
more  than  one  year,  or  by  both  such  fine  and  imprison- 
ment.    [89  V.  450.] 

(2966-47.)  Sec.  31a.  It  shall  be  the  duty  of  the  pros- 
ecuting attorney  of  any  county,  upon  the  request  of  the 
state  supervisor  of  elections,  or  at  the  instance  of  the  deputy 
state  supervisors  of  the  county,  to  prosecute  violations  of 
this  act.      [91  V.  119.] 


Penalty   for 
violation,  neg- 
lect, or  wrong 
performance 
of   duty,   or 
disobedience , 
by    public 
oflScer. 


Prosecution 
of  violations. 


GIVING  BRIBE. 


(2966-48.)     Sec.  32.     Whoever,  directly  or  indirectly.    Penalty  for 
by  himself,  or  through  any  other  person,  either,  ^'"°^  ''"'*'• 

1.  Gives  or  lends,  or  offers  or  promises  to  give  or 
lend,  or  to  procure  or  endeavor  to  procure,  any  money 
or  other  valuable  consideration,  to  or  for  any  elector,  or 
to  or  for  any  other  person,  to  induce  any  elector  to  register 
or  refrain  from  registering  for  any  reason,  or  to  vote  or 
refrain  from  voting  at  any  election,  or  to  vote  or  refrain 
from  voting  at  such  electioii  for  any  particular  person  or 
persons,  or  questions  or  propositions,  or  on  account  of  any 
such  elector  having  registered  or  refrained  from  registering, 
or  voted  or  refrained  from  voting,  or  voted  or  refrained 
from  voting  for  any  particular  person  or  persons,  or  ques- 
tion or  proposition ;  or, 

2.  Gives,  offers  or  procures  or  promises  to  procure  or 
endeavors  to  procure,  any  office,  place  or  employment,  to 
or  for  any  elector  or  to  or  for  any  other  person,  in  order  to 
induce  any  elector  to  register,  or  refrain  from  registering, 
for  any  election,  or  to  vote  or  refrain  from  voting  at  any 
election,  or  to  vote  or  refrain  from  voting  at  such  election 
for  any  particular  person  or  persons,  or  questions  or  propo- 
sition :    or, 

3.  Advances  or  pays,  or  causes  to  be  paid,  any  money 
or  other  valuable  thing  to  or  for  the  use  of  any  other  per- 
son, with  the  intent  that  the  same  or  any  part  thereof  shall 
be  used  in  bribery  at  any  election,  shall  be  fined' not  more 
than  five  hundred  dollars,  or  imprisoned  in  the  penitentiary 
not  more  than  three  years,  or  both.     [89  v.  451.] 


156 


OHIO    ELECTION    LAWS. 


Penalty    for 

receiving 

bribe. 


Penalty  for 
intimidating 
voter,  or  im- 
peding  free 
exercise  of 
elective  fran- 
chise. 


Voter  may  ab- 
sent   himself 
from  employ- 
ment to  enable 
him   to  vote. 


RECEIVING  BRIBE. 

(2966-49.)  Sec.  33.  Whoever,  being  an  elector,  di- 
rectly or  indirectly,  by  himself  or  through  any  other  person, 
receives.,  agrees  or  contracts  for,  before,  during  or  after 
an  election,  any  money,  gift,  loan  or  other  valuable  consid- 
eration, office,  place  or  employment,  for  himself  or  any  other 
person,  for  registering  or  agreeing  to  register,  or  for  re- 
fraining or  agreeing  to  refrain  from  registering  for  any 
election,  or  for  voting  or  agreeing  to  vote,  or  for  refraining 
or  agreeing  to  refrain  from  voting  at  any  election,  or  for 
voting  or  agreeing  to  vote,  or  refraining  or  agreeing  to  re- 
frain from  voting  for  any  particular  person  or  persons,  or 
proposition  o'r  question,  at  any  election,  shall  be  fined  not 
more  than  five  hundred  dollars  or  imprisoned  not  more  than 
one  year,  or  both.      [89  v.  451.] 

INTIMIDATING  VOTER. 

(2966-50.)  Sec.  34.  Whoever,  directly  or  indirectly, 
by  himself  or  through  any  other  person,  makes  use  of,  or 
threatens  to  make  use  of,  any  force,  violence  or  restraint, 
or  inflicts,  or  threatens  to  inflict,  any  injury,  damage,  harm 
or  loss,  or  threatens  to  enforce  the  payment  of  a  debt 
against,  or  to  begin  a  criminal  prosecution  against  or  to 
injure  the  business  or  trade  of,  or  in  any  manner  prac- 
tices intimidation  upon  or  against  any  person,  in  order  to 
induce  or  compel  such  person  to  vote  or  refrain  from  vot- 
ing, or  to  vote  or  refrain  from  voting  for  any  particular 
candidate  or  candidates ;  or  if  any  employer  of  laborers,  or 
an  agent  of  such  employer,  whether  a  corporation  or  other- 
wise, does  any  of  the  acts  aforesaid,  or  threatens  to  with- 
hold or  reduce  the  wages  of,  or  to  dismiss  from  service  any 
employe,  in  order  to  induce  or  to  compel  such  employe  to 
vote  or  refrain  from  voting  fof  any  particular  candidate  or 
candidates  at  any  election ;  and  whoever  by  any  sort  of 
duress,  constraint  or  improper  influence,  or  by  any  fraudu- 
lent or  improper  device  or  contrivance,  impedes  or  prevents, 
Or  otherwise  interferes  with  the  free  exercise  of  the  elective 
franchise  of  any  elector,  shall  be  fined  not  more  than  two 
thousand  dollars  or  imprisoned  in  the  penitentiary  not  more 
than  three  years,  or  both.     [89  v.  452.] 

(2966-500.)  Sec,  34a.  Any  person  entitled  to  vote  at 
a  general  election  in  this  'state  shall,  on  the  day  of  such 
election,  be  entitled  to  absent  himself  from  any  service  or 
employment  in  which  he  is  then  engaged  or  employed  for 
a  period  of  two  hours  between  the  time  of  opening  and 
closing  the  polls ;  and  such  voter  shall  not  because  of  so 
absenting'  himself  be  liable  to  any  penalty ;  provided,  how- 
ever, that  application  for  leave  of  absence  shall  be  made 
prior  to  the  day  of  the  election ;  the  employer  may  specify 
the  hours  during  which  said  employe  may  absent  himself 


OHIO    ELECTION    LAWS. 


157 


as  aforesaid.     Any  person  or  corporation  who  shall  refuse    Penalty  for 
to  an  employe  the  privilege  hereby  conferred,  or  shall  sub-    ^oye'privl™ 
ject  the  employe  to  a  penalt}-  because  of  the  exercise  of    gu^^cting^him'^ 
such  privilege,  or  who  shall,  directly  or  indirectly  violate    to  penalty, 
the  provisions  of  this  section,  shall  be  deemed  guilty  of  a 
misdemeanor  and  be  fined  in  any  sum  not  less  than  five 
($5.00)    dollars    nor    more    tlian    one    hundred    ($100.00) 
dollars.     [94  v.  232.] 


OFFENDER  COMPELLED  TO  TESTIFY. 

(2966-51. )  Sec.  35.  Prosecutions  under  all  the  penai 
sections  of  this  act  and  of  the  Revised  Statutes  pertaining 
to  the  conduct  of  elections,  must  be  commenced  within  two 
years  after  the  commission  of  the  act  complained  of.  A 
person  offending  against  any  provision  of  sections  32,  33 
and  34,  of  this  act  is  a  competent  witness  against  another 
person  so  offending,  and  may  be  compelled  to  attend  ana 
testify  upon  any  trial,  hearing  or  investigation,  in  the  same 
manner  as  any  other  person.  But  the  testimony  so  given 
shall  not  be  used  in  any  prosecution  or  proceeding,  civil  or 
criminal,  against  the  person  so  testifying.  A  person  sc 
testifying  shall  not  be  liable  thereafter  to  indictment,  prose- 
cution or  punishment,  for  the  offense  with  reference  to 
\\  hich  his  testimony  may  be  given,  and  may  plead  or  prove 
the  giving  of  testimony  accordingly,  in  bar  of  such  indict- 
nent  or  prosecution.  When  a  person  is  convicted  of  any 
ffense  described  in  section  32  of  this  act,  he  shall,  in  addi-. 
:ion  to  the  punishment  therein  prescribed,  forfeit  any  office 
to  which  he  may  have  been  elected  at  the  election  with 
reference  to  which  such  offense  was  committed,  and  when 
a  person  is  convicted  of  any  offense  mentioned  in  section 
33  of  this  act,  he  shall,  in  addition  to  the  punishment  there- 
in prescribed,  be  excluded  from  the  rights  of  suffrage  for 
a  period  of  five  vears  after  such  conviction.     [98  O.  L.  227.] 

See  Brown  V.  Walker,  161  U.   S.  591 

i 


Legislation    as 
to  prosecu- 
tions under 
penal   sections. 


Competent 
witnesses    in 
prosecution 
for   bribery 
intimidation, 
or    impeding 
or    preventing 
free   exercise 
of  elective 
franchise. 


Forfeiture  of 
office    for   giv- 
ing bribe. 


Disfranchise- 
ment for  re- 
ceiving   bribe. 


LEGAL  HOLIDAY. 

Section  6.  The  first  Tuesday  after  the  first  Monday  in  Legal  holiday.- 
November  of  each  year,  from  and  between  the  hours  of 
five-thirty,  o'clock  a.  m.  and  nine  o'clock  a.  m.,  shall  be.  for 
^election  purposes  only,  a  legal  part  holiday.  And  no  person 
v/ho  is  an  elector  shall  be  compelled  or  required  to  perform 
any  labor  between  said  hours,  nor  shall  any  employer  or 
his  or  its  officers  or  agents  discharfre  any  such  person  be- 
cause he  fails  or  refuses  to  labor  between  said  hours,  or 
require  or  order  such  employe  to  accompany  him  to  the 
votine  place  of  such  employe :  and  any  person  violating 
any  of  the  provisions  of  this  act,  shall,  upon  conviction  be 
fined  not  more  than  twenty-five  dollars.     [97  v.  238.] 


158 


OHIO    ELECTION    LAWS. 


Opening    re- 
turns   and 
making   "ab- 
stracts   of 
votes. 


ABSTRACTS  AND  RETURNS. 

Sec.  2980.  In  not  less  than  one  nor  more  than  five 
days  after  the  election,  or  sooner,  in  case  the  returns  are 
made,  the  deputy  state  supervisors  shall  proceed  to  open 
the  several  returns  made  to  them  and  make  abstracts  of 
the  votes  in  the  following  manner,  viz. : 

1.  Upon  a  single  sheet,  an  abstract  of  votes  for  gov- 
ernor, lieutenant-governor,  secretary  of  state,  auditor  of 
state,  treasurer  of  state  and  attorney-general. 

2.  Upon  another  sheet,  an  abstract  of  votes  for  gov- 
ernor, lieutenant-governor,  secretary  of  state,  auditor  of 
state,  treasurer  of  state,  attorney-general;  state  commis- 
sioner of  common  schools,  member  of  the  board  of  public 
works,  judge  of  the  supreme  court,  clerk  of  the  supreme 
court,  dairy  and  food  commissioner  and  representatives  to 
congress. 

3.  And  upon  another  sheet,  an  abstract  of  votes  for 
governor,  lieutenant-governor,  secretary,  of  state,  treasurer 
of  state,  attorney-general,  state  commissioner  of  common 
schools,  member  of  the  board  of  public  works,  judge  of  the 
supreme  court,  clerk  of  the  supreme  court,  dairy  and  fbod 
commissioner,  judge  of  the  circuit  court,  judge  of  the  com- 
mon pleas  court,  representatives  to  congress,  senators  and 
representatives  to  the  general  assembly,  judge  of  the  pro- 
bate court,  clerk  of  the  common  pleas  court,  sheriff,  county 
auditor,  county  commissioner,  county  treasurer,  county  re- 
corder, county  surveyor,  prosecuting  attorney,  infirmary 
director  and  coroner,     [90  v.  279.] 

As  to  powers  of  an  election  board  after  canvass  has  been 
completed,  see  State  Ex  rel.  v.  Donnewirth,  21  O.   S.  216. 

Under  the  thirty-fourth  section  of  the  election  law,  (S.  and 
C.  536)  where  the  poll-books  upon  their  face  are  substantially 
correct,  the  justices  and  clerk,  in  making  an  abstract  of  votes,  are 
not  authorized  to  reject  such  poll-books  on  account  of  fraud  in 
the  election. 

Phelps  V.   Schroder,  26  O.  S.  549. 

In  an  election  contest  on  an  appeal  in  the  court  of  common 
pleas  questions  of  law  arising  upon  evidence  brought  on  the  record 
by  a  bill  of  exceptions,  are  subject  to  review  on  error  without  a 
motion  for  a  new  trial  having  been  made  and  overruled.  , 
Phelps  V.  Schroder,  26  O.  S.  549. 

In  an  action  to  enjoin  the  clerk  of  the  court  of  common  pleas 
of  Wood  County  from  recording  the  abstract  of  the  vote  in  said 
county  upon  the  question  of  the  removal  of  the  county  seat,  held 
that  allegations  of  fraud  and  illegality  in  conducting  the  election, 
constitute  no  sufficient  ground  for  such  injunction.  Wrongs  of 
such  a  nature  can  be  inquired  into  and  redressed,  only  by  means  of 
a  contest  of  the  election,  pursuant  to  the  provisions  of  the  act  of 
April   15,   1857. 

Peck  v.  Weddell,   17  O.  S.  271. 

The  board  is  without  authority  to  hear  evidence  to  contra- 
dict or  explain  the  tally-sheets  or  act  upon  information  not  appear- 


OHIO   ELECTION    LAWS. 


159 


ing  on  their  face  or  to  open  or  count  ballots  returned  by  the  pre- 
cinct officer  as  uncounted  ballots,  concerning  the  legality  of  which, 
doubt  or  difference  of  opinion  existed  in  the  minds  of  the  judges 
of  the  election. 

State  Ex  rel.  v.  Tanzey  et  al.,  49  O.  S.  656. 

The  duties  of  the  board  of  deputy  supervisors  of  elections  in 
making  the  abstracts  of  the  votes  returned  by  the  officers  of  the 
election  precincts  of  the  county,  are  purely  ministerial,  and  are 
limited  to  compiling  the  votes  shown  by  the  tally-sheet  so  returned, 
and  set  down  to  each  candidate  the  aggregate  number  of  votes  so 
appearing  to  have  been  actually  for  him  and  to  certifying  and  trans- 
mitting the  abstract  so  made,  to  the  proper  officer. 

State  Ex  rel.  v.  Tanzey  et  al.,  49  O.  S.  656. 

An  action  in  mandamus  to  compel  the  board  to  make,  certify, 
and  transmit  the  proper  officers  as  required  by  law,  the  several 
abstracts  of  the  votes  shown  by  the  tally-sheets  returned  from  the 
various  election  precincts  of  the  county,  may  be  instituted  on  the 
relation  of  any  elector  of  the  county. 

State  Ex  rel.  v.  Tanzey  et  al.,  49  O.  S.  656. 

In  an  action  to  contest  an  election  where  the  election  officers 
are  fundus  officio,  the  fact  that  none  of  the  ballots  in  dispute  were 
counted  by  the  election  officers  may  be  established  by  parol  evidence. 
Williams  v.  Barker,  17  N.  P.  679,  (B.  Aug.  5,  1907). 

In  a  contested  election  case,  where  the  term  of  office  has  be- 
gun before  the  case  is  brought  to  trial,  a  finding  in  favor  of  the 
contestant  should  be  accompanied  by  a  judgment  of  ouster  and  of 
induction  of  the  contestant   into  office.  —  Ibid.. 

(2981 -I.)  That  whenever  any  judge  of  any  court  of 
this  state,'  representative  of  the  general  assembly,  or  other 
district  or  county  officer,  is  to  be  elected  at  any  April  or 
special  election,  the  judges  of  such  election  shall  "make  re- 
turn of  the  poll-books  of  such  election  to  the  deputy  state 
supervisors  of  their  respective  counties,  and  they  shall,  on 
the  sixth  day  or  sooner  in  case  the  returns  are  all  made, 
proceed  to  open  such  returns  and  make  an  abstract  of  the 
votes  cast  for  such  officers,  and  make  and  deliver  to  the 
person  or  persons  elected  certificates  of  their  election.  Pro- 
vided, however,  if  such  officer  is  to  be  elected  by  two  or 
more  counties  joined  in  the  same  circuit  or  district,  then 
the  deputy  state  supervisors  of  the  county  or  counties  com- 
prising such  circuit  or  district,  excepting  the  chief  deputy 
state  supeh'isor  of  the  county  in  such  circuit  or  district 
having  the  largest  population,  shall,  within  eight  days  after 
such  election,  transmit  by  mail  to  the  deputy  state  super- 
visors of  the  county  in  such  circuit  or  district  having  the 
largest  population  an  abstract  showing  the  number  of  votes 
given  in  each  precinct  in  their  respective  counties  for  each 
person  who  received  votes  for  any  office  to  be  filled  by 
such  circuit  or  district ;  such  abstract  shall  be  attested  by 
the  chief  deputy  state  supervisor  and  clerk  of  the  board, 
and  inclosed  in  an  envelope,  so  indorsed  as  to  show  dis- 
tinctly that  it  is  an  abstract  of  votes,  for  what  office  or 
offices,  and  from  what  county  the  same  was  transmitted; 
and  such  abstract  shall  be  canvassed  by  the  deputy  state 
supervisors  to  whom  transmitted,  who  shall  incorporate  the 


Ueturns,   ab- 
stracts and 
certificates    of 
certain  officers 
elected  at 
special 
elections. 


When  two  or 
more  counties 
joined  in 
same  circuit 
or  district 


160 


OHIO    ELECTION    LAWS. 


Provisions   re- 
lating to  poll- 
books,    ab- 
stracts  and 
validity  of 
returns. 


same  in  an  abstract  with  returns  from  the  precintts  of  their 
county  for  such  office  or  offices,  and  make  and  transmit  to 
the  person  or  persons  elected  certificates  of  their  election. 
[90  V.  281.] 

See  Dalton  v.  State  Ex  rel.  Richardson,  43  O.  S.  652. 

Sec.  2982.  The  deputy  state  supervisors  shall  not  re- 
ceive any  paper  as  a  poll-book  of  any  precinct  unless  it  be 
delivered  to  them  by  one  of  the  judges  of  the  election  held 
in  such  precinct ;  and,  in  making  the  abstract  of  votes,  they 
shall  not  decide  on  the  validity  of  the  returns,  but  shall  be 
governed  by  the  number  of  votes  stated  in  the  returns ;  and 
they  shall  certify  and  sign  the  abstracts  and  deposit  the 
same  in  the  office  of  the  deputy  state  supervisors.  [90  v. 
279.] 


The  clerk  of  the  court  of  common  pleas  and  justices  called  to 
his  assistance  to  abstract  th  e  votes  of  an  election,  cannot  be  re- 
quired by  mandamus  to  abstract  votes  cast  for  a  person  or  persons 
for  an  office,  unless  the  same  is  required  to  be  filled  by  the  elec- 
tors at  such  election. 

State  Ex  rel.  v.  Crawford  v.  McGregor,  44  O.  S.  628. 

In  certifying  the  election  of  an  officer  the  power  of  the  deputy 
state"  supervisor  of  elections  is  limited  to  certifying  that  the  suc- 
cessful candidate  has  been  elected  and  they  have  no  power  to  de- 
cide upon  a  disputed  term  of  office. 

State  Ex  rel.   Pardee  v.   Pattison,   Governor  et  al.,  73 
O.  S.  305. 


Making  and 
transmission 
of  certain 
copies    of 
abstracts. 


When    presi- 
f^ent  of  the 
senate  to  on  n 
and    publis'.i 
abstracts. 


Sec.  2983.  The  deputy  state  supervisor  shall  make 
and  certify  duplicate  copies  of  abstract  number  one,  and 
inclose  and  seal  the  same,  and  indorse  on  the  envelope 
"Certificate  of  the  votes  for  governor,  lieutenant-governor, 
secretary  of  state,  auditor  of  state,  treasurer  of  stateN  and 
attorney-general"  (either  or  all  as  the  case  may  be),  and 
the  name  of  the  county  in  which  the  votes  were  given;  and 
shall  direct  and  forward  one  copy  thereof  by  mail  to  the 
president  of  the  senate,  at  Columbus,  ,and  shall  deliver  the 
other  copy  to  a  member  of  the  general  assembly,  who  shall 
deliver  the  same  to  the  president  of  the  senate  at  Columbus; 
and  shall  also  forthwith  make,  certify,  seal  and  indorse, 
in  manner  aforesaid,  a  copy  of  abstracts  numbers  two  and 
three,  and  transmit  the  same  by  mail  to  the  secretary  of 
state  at  Columbus.     [90  v.  280.] 

Sec.  2984.  The  president  of  the  senate  shall,  during 
the  first  week  of  the  session  of  the  general  assembly,  open 
and  publish  the  abstracts  of  votes  by  him  received,  in  con- 
formity to  the  third  section  of  the  third  article  of  the  consti- 
titution  of  the  state;  but  if  the  abstract  from  any  county 
has  not  been  received  by  him,  recourse  shall  be  had  to 
abstract  number  two  or  three,  in  the  office  of  the  secretary 
of  state.     [50  V.  311,  §  21.] 


OHIO    ELECTION    LAWS. 


161 


Sec.  2985.  If  the  general  assembly  of  the  state  should 
not  be  in  session  in  January,  previous  to  the  second  Monday 
thereof,  next  after  an  election  for  all  or  any  of  the  executive 
officers  of  the  state,  the  governor  and  secretary  of  state 
shall,  within  five  days  thereafter,  in  the  office  of  the  secre- 
tary of  state,  in  the  presence  of  at  least  two  of  the  judges 
of  the  supreme  court,  open  the  returns  of  abstract  number 
two,  made  to  the  secretary  of  state,  for  said  offices;  and  if 
such  returns  have  not, been  received  from  all  the  counties, 
recourse  shall  be  had,  for  such  delinquent  counties,  to  the 
returns  of  the  abstract  number  three ;  and  they  shall  forth- 
with proceed  to  ascertain  the  number  of  votes  given  for  the 
different,  persons,  for  the  several  offices  of  governor,  lieu- 
tenant governor,  secretary  of  state,  auditor  of  state,  treas- 
urer of  state  and  attorney-general,  as  the  case  may  be;  and 
the  person  having  the  highest  number  of  votes  for  any  of 
said  offices  shall  be  considered  duly  elected,  and  shall  be 
so  declared  by  the  governor;  but  if  it  appear,  from  the  re- 
turns of  abstracts  aforesaid,  that  two  or  more  persons  have 
the  highest  and  an  equal  number  of  votes  for  any  of  said 
offices,  the  governor  shall  communicate  such  fact  to  the 
general  assembly,  by  message,  at  its  first  session  there- 
after.    [82  V.  52.] 

Sec.  2986.  Within  ten  days  after  the  first  day  of 
December  next  after  such  election,  the  governor  and  secre- 
tary of  state  shall,  in  the  office  of  the  secretary  of  state,  in 
the  presence  of  the  auditor  of  the  state  and  attorney-general 
open  the  returns  of  abstract  number  two,  made  to  the 
secretar}-  of  state,  for  state  commissioner  of  common 
schools,  member  of  the  board  of  public  works,  judge  of 
the  supreme  court,  clerk  of  the  supreme  court,  and  rep- 
resentatives to  congress  lor  each  congressional  district ; 
and  if  it  appear  that  returns  have  been  received  from  all 
the  counties,  agreeably  to  the  provisions  of  this  chapter, 
the  governor  and  secretary  of  state  shall  forthwith  pro- 
ceed to  ascertain  the  number  of  votes  given  for  the  dif- 
ferent persons  for  such  offices.     [50  v.  311,  §  24.] 

Where  the  governor  and  secretary  of*  state,  under  Section 
2986  of  the  Revised  Statutes,  in  canvassing  the  returns  of  votes 
from  a  congressional  district,  aggregate  the  votes  returned  from 
one  county  for  H.  L.  Morey  with  the  votes  returiied  from  the  other 
counties  for  Henry  L.  Morey,  treating  the  names  as  designating 
the  same  person,  a  mandamus  will  not  be  awarded  requiring  the 
votes  thus  aggregated  to  be  counted  as  given  for  different  persons 
in  the  absence  of  an  averment  that  the  votes  were  intended  for 
different  persons. 

State  Ex  rel.  v.  Foster,  38  O.  S.  599. 

Sec.  2987.  If  such  returns  have  not  been  received 
from  all  the  counties,  and  returns  of  abstract  number  three 
have  been  received  by  the  secretary  of  state  from  the  de- 
linquent counties,  agreeably  to  the  provisions  of  this  chap- 
ter, the  governor  and  secretary  of  state  shall  be  governed, 

11    vE.   L. 


If    general 
assembly   not 
in  session 
who  to  open 
and  canvass 
certain  returns- 
of   election , 
and  how. 


When  governor 
and    secretary 
of  state  to 
canvass    cer- 
tain  returnsv 


When    other 
returns    may 
be    used   in 
the    canvass. 


162 


OHIO    ELECTION    LAWS. 


Vacancy    in 
office  of  repre- 
sentative   to 
congress  and 
members    of 
general  as- 
sembly— how 
filled. 


Making,  filing 
and  transmis- 
sion   of   cer- 
tified   copies 
of   abstracts 
in  election  to 
fill  vacancy  in 
office  of  mem- 
ber of  con- 
gress. 


Votes   to   be 
canvassed  by 
secretary   of 
state. 


Tie  votes  for 
congressraen 
to  be   decided 
by   lot. 


SO  far  as  relates  to  such  delinquent  counties,  by  the  last 
mentioned  abstracts ;  and  the  persons  having"  the  highest 
number  of  votes  for  the  respective  offices  named  in  section 
twenty-nine  hundred  and  eighty-six  shall  be  considered  duly 
elected ;  and  the  secretary  of  state  may  open  the  returns  of 
abstract  number  three  as  they  are  severally  received  by  him. 
[50  V.  311,  §  25.] 

Sec.  2988.  Whenever  a  vacancy  happens  in  the  office 
of  representative  to  congress,  or  senator  or  representative 
to  the  general  assembly,  the  governor  shall,  upon  satis- 
factory information  thereof,  issue  a  writ  of  election,  direct- 
ing that  a  special  election  be  held  to  fill  such  vacancy,  in  the 
territory  entitled  to  fill  the  same,  on  a  day  which  shall  be 
specified  in  the  writ ;  such  writ  shall  be  directed  to  the 
sheriff  or  sheriffs  within  such  territory,  who  shall  give  notice 
of  the  time  and  places  of  holding  such  election,  as  in  other 
cases;  and  such  election  shall  be  held  and  conducted,  and 
returns  thereof  made,  as  in  case  of  a  regular  election.  [50 
V.  311,  §  28.] 

Section  2989.  In  any  election  for  member  of  congress, 
to  fill  a  vacancy,  the  deputy  state  supervisors  of  each 
county  embraced  in  the  district  in  which  the  election  is 
held  shall,  within  six  days  after  the  election,  make,  and 
certify  an  abstract,  in  duplicate,  of  the  votes  cast  at  such 
election  in  their  county.  Such  deputy  state  supervisors 
shall  file  one  copy  of  the  abstract  in  their  office  and  shall 
inclose  the  other  in  an  envelope,  so  indorsed  as  to  show 
distinctly  that  it  is  an  abstract  of  votes,  for  what  office 
and  from  what  county,  and  transmit  it,  without  delay,  to 
the  secretary  of  state ;  if  the  secretary  of  state  fails  to  re- 
ceive the  abstract  from  any  county  within  twelve  days 
after  such  election,  he  shall  forthwith  notify  the  deputy 
state  supervisors  of  such  county  thereof;  and  they  shall, 
on  receipt  of  the  notice,  forthwith  make  and  transmit  to 
the  secretary  of  state  a  certified  copy  of  the  duplicate  on 
file  in  their  office.     [90  v.  280.] 

Sec.  2990.  The  secretary  of  state  shall,  on  ttie  twenty- 
first  day  after  the  holding  of  such  special  election,  or 
sooner,  if  all  the  returns  have  been  received,  in  the  pres- 
ence of  the  governor,  or,  in  his  absence,  in  the  presence  of 
the  auditor  and  treasurer  of  state,  (who  are  required  to 
attend  forthwith  at  the  office  of  the  secretary  of  state, 
on  notice  given  by  the  secretary),  open  the  abstracts, 
and  canvass  the  votes;  and  the  person  having  the  great- 
est number  of  votes  shall  be  declared  duly  elected,  and 
the  governor  shall  forthwith  transmit  to  him  by  mail  a 
certificate  of  his  election.     [50  v.  311,  §  30;  S.  &  C.  538.] 

Sec.  2991.  If  it  appears  from  the  returns  of  abstracts 
that  two  or  more  persons,  in  any  congressional  district, 
have  the  highest  and  an  equal  number  of  votes  for  repre- 
sentative to  congress,  the  governor  and  secretary  of  state 


OHIO    ELECTIOX    LAWS.  163 

shall  decide  by  lot  which  of  said  persons  is  duly  elected ; 
and  the  governor  shall  transmit  to  each  person  so  elected 
a  certificate  of  his  election,  wliich  certificate  shall  be  signed 
by  the  governor,  sealed  with  the  great  seal  of  the  state, 
and  countersigned  bv  the  secretary  of  state.  [30' v.  311, 
§26;  S.  &C.  537-]' 

Sec.   2992.      In   cases  where   the   returns  of  abstracts    when  ab- 
from   all   the   counties   composing  a   congressional   district    r^anvas^d^ 
are  not  made  within  the  time  required  by  law,  and  in  cases    and  other  cer- 
where  any  of  them  are  made  after  the  certificate  of  election  ^  ^^^  '^^"^ 
has  been  forwarded  to_  the  person  who,  according  to  the 
abstracts   received,  has .  the  highest  number  of  '  votes,   the 
secretary  of  state  shall,'  in  the  presence  of  the  governor, 
or,   if  he  is  absent,   in  the   presence  of  the   auditor  and 
treasurer  of  state,  when  such  abstract  shall  have  been  re- 
ceived, open  the  same,  and  the  governor  shall  certify  them 
to    the    speaker    of    the    house    of    representatives    of    the 
United  States.     [50  v.  311,  §  50;  S.  &  C.  542.] 

Sec.  2994.     When  two  or  more  counties  are  joined  in  Making  and 

a   judicial   district,   or   in   a   judicial,   senatorial   or   repre-  transmission 

sditative    district,    the    deputy    state    supervisors    of    each  copies  of  ab- 

county  of  such  circuit  or  district  having  a  population  not  cenificates^of 

the   largest  shall   make  and,   within  eight  davs   after  the  election  in 

*  .  ■  <j  ^  .      circuits   finu 

day  ot  election,  transmit  by  mail  to  the  deputy  state  su-  districts 
pervisors  of  the  county  in  the  circuit  or  district  having  the 
largest  population  an  abstract  showing  the  number  of 
votes  given  in  each  election  precinct  in  such  county  for 
each  person  who  received  votes  for  any  office  to  be  filled 
by  the  circuit  or  district;  such  abstract  shall  be  attested 
by  the  deputy  state  supervisors  and  enclosed  in  an  en- 
velope so  indorsed  as  to  show  distinctly  that  it  is  an  ab- 
stract of  votes,  for  what  offices,  and  from  what  county; 
and  it  shall  be  opened  and  canvassed,  as  provided  in  sec- 
tion "2980,  by  the  deputy  state  supervisors  to  whom 
transmitted,  who  shall  incorporate  the  same  in  an  ab- 
stract with  the  returns  from  the  precincts  of  their  county 
for  such  offices,  and  shall  make  and  transmit  to  the  per- 
sons elected  certificates  of  their  election.     [90  v.  280.] 


164  OHIO    ELECTION    LAWS. 


CONSTITUTIONAL  AMENDMENTS  AND  OTHER 
QUESTIONS. 


AN  ACT. 


To  regulate  voting  in  cases  where  statute  provides  for  a  vote 
being  taken  on  any  question,  but  is  silent  as  to  number  of 
votes  necessary  to  authorize  the  act  voted  upon. 

Number  of  (2996- 1.)   That  in  any  and  all  cases  where  it  is  pro- 

sar"  to^au^-      vided  bv  statute  that  any  question  shall  be  submitted  to  the 

formance^^oi     qualified  votcrs  of  any  township,  village,  county  or  city  in 

act  when  Stat-  the  State  of  Ohio,  and  the  statute  so  providing  is  silent  as 

for  submissicfn  to  the  number  of  votes  necessary  to  authorize  the  perform- 

snenr^*'°"  '^  ^"^  °^  ^^^  ^^^  voted  upon,  such  statute  shall  be  held  to  mean 

that  a  majority  of  all  the  qualified  voters  voting  at  said 

election  must  vote  in  favor  thereof  in  order  to  authorize 

the  same.     [90  v.  130.] 

As  to  definition  of  term  "majority"  as  applied  to  special  elec- 
tions.    State  Ex  rel.  v.  Amlin,  13  O.  D.  334. 

As  to  method  of  counting  votes  upon  the  question  of  construc- 
■  tion,  reconstruction,  enlargement  or  repair  of  bridges,  see  Wal- 
bridge  v.  Jones,  22  C.  C.  682. 

As  to  majority  of  votes  requisite  at  an  election,  and  otherwise 
the  trustees  of  a  township  to  levy  a  special  tax,  see  Enyart  et  al. 
v.  Trustees,  25  O.  S.  618. 

Submission  of  (2996-2.)     Unless  the  act  so  providing  for  the  submit- 

question  when   ting  of  any  qucstiou  to  the  qualified  voters  of  any  town- 

tion'not^pro-     ship,  couuty,  village  or  city  also  provides  for  the  calling 

vided  for.         q£  ^  special  election  for  that  purpose,  no  special  election 

shall  be  so  called,  and  the  question  so  to  be  voted  upon 

shall  be  submitted  at  a  regular  election  in  such  township, 

county,   village  or  city,  and  notice  that  such  question  is 

to  be  voted   upon   shall  be  embodied  in  the  proclamation 

for  such  election.      [90  v.  130.] 

Where  a  question  is  submitted  to  the  voters  of  a  township 
or  other  sub-division,  such  as  the  question  of  the  issue  of  a  tax 
levy,  such  question  should  be  printed  upon  a  separate  ballot  and 
deposited  in  a  separate  ballot  box  presided  over  by  the  regular 
judges  and  clerks  of  election.     L.  10-9-05. 

Where  an  act  providing  for  the  submission  of  the  question 
of  issuing  bonds  for  a  county  soldiers'  and  sailors'  memorial  to  a 
vote  of  the  electors  of  the  county,  makes  no  provision  for  a  special 
election,  and  no  provision  as  to  the  manner  of  submitting  such 
question,  but  merely  directs  that  it  be  submitted  to  the  "popular 
vote  at  the  next  regular  county  election,"  the  submission  of  Such 
question  at  the  next  general  state  and  county  election  is  not  a 
separate  election,  but  is  the  submission  of  a  question  at  the  gen- 
eral election  as  provided  by  Sees.  2996-2  and  2966-32  Rev.  Stat., 
and  the  deputy  state  supervisors  of  elections  are  not  entitled  to 
any  additional  compensation  for  so  submitting  such  question. 
State  Ex  rel.  v.  Jones,  14  O.  D.  109. 


OHIO    ELECTION    LAWS. 


165 


Constitutional 
amendment; 
state   conven- 
tion of  polit- 
ical party  may- 
take  action  in 
favor  or 
against  adop- 
tion of. 

Certification 
of   action   to 
secretary    of 
state,    and 
printing  upon 
ballot 


CONSTITUTIONAL   AMENDMENTS. 

(2976-1.)  Sec  I.  That  whenever  the  approval  of  any 
constitutional  amendment  is  to  be  submitted  to  a  vote  of 
the  people,  any  state  convention  of  a  political  party,  which 
at  the  last  preceding  general  election  polled  at  least  one 
per  cent,  of  the  entire  vote  cast  in  the  state,  may  take  action 
in  favor  of,  or  against  the  adoption  of  slich  constitutional 
amendment  to  be  submitted  at  the  next  succeeding  annual 
election,  and  shall  certify  such  action  to  the  secretary  of 
state  in  the  manner  provided  for  certifying  nominations  for 
state  officers,  whereupon  said  action  upon  such  constitutional 
amendment  shall  be  printed  upon  the  regular  ballot  at  said 
election  as  a  part  of  the  party  ticket  of  said  party  in  the 
manner  hereinafter  provided. 

■  The  act  of  the  General  Assembly  entitled  "An  act  to  provide 
for  the  manner  of  submission  of  constitutional  amendments  and 
other  questions  to  a  vote  of  the  people,"  passed  May  2,  1902,  (95 
O.  L.  352),  is  a  valid  act. 

State  Ex  rel.  Sheets,  Attorney  General,  v.  Laylin,  Sec- 
retary  of   State,   69   O.    S.   1. 

(2976-2.)     Sec.  2.     Such  constitutional  amendrnent  or    Manner  of 
amendments  shall  be  stated  in  words  sufficient  to  clearly    P'lP'i''^  *"• 

.  1     ii     ballQt. 

designate  the  same,  and  such  statement  or  statements  shall 
be  printed  in  a  separate  column  on  the  regular  ballot.  On 
the  line  below  such  statement  shall  be  printed  the  word 
"Yes,"  and  on  the  next  line  below  shall  be  printed  the  word 
"No";  provided  that  said  statement  shall  also  be  placed  on 
the  official  ballot  immediately  below  the  names  of  the  candi- 
dates for  state  offices  on  the  regular  ticket  of  any  party  or 
parties  certifying  action  thereon  as  provided  in  section  i  of 
this  act,  being  followed  by  the  word  "yes"  or  the  word  "no" 
accordingly  as  affirmative  or  negative  action  shall  have  been 
certified  thereon  by  said  party  or  parties,  and  said  statement 
of  said  amendment  or  question,  with  the  action  taken  there- 
on by  said  party,  shall  thereupon  become  a  part  of  said 
party  ticket. 

(2976-3.)  Sec.  3.  The  elector  shall  observe  the  fol- 
lowing rules  in  [marking]  making  his  ballot. 

1.  He  may  make  a  cross  in  the  blank  space  to  the 
left  of  and  before  the  answer  he  desires  to  give  to  the 
submission  of  any  constitutional  amendment,  in  the  sep- 
arate column  devoted  to  said  amendment,  or  he  may  make 
a  cross  mark  in  the  blank  space  to  the  left  of  and  before 
the  statement,  and  answer  thereto,  of  any  constitutional 
amendment,  as  the  same  may  be  printed  and  certified  on 
the  ticket  of  any  political  party ;  whereupon,  such  mark 
shall  cast  his  ballot  for  the  answer  opposite  which  it  is 
made. 

2.  The  voter  may  make  a 'cross  mark  in  the  blank 
circular  space  at  the  head  of  any  ticket  upon  which  is 
printed  the  statement  of  any  constitutional  amendment  or 


How  ballot  to 
be  marked. 


166 


OHIO    ELECTION    LAWS. 


Return  of  vote 
cast  for  or 
against    con- 
stitutional 
amendment. 


question,  and  the  certified  answer  thereto,  which  mark  shall 
cast  his  ballot  for  the  certified,  answer  to  the  submission 
of  each  and  every  constitutional  amendment  so  printed  on 
said  ticket,  unless  he  shall  have  specifically  answered  any 
of  said  constitutional  amendments  otherwise  elsewhere  on 
the  ballot  in  the  manner  heretofore  stated. 

Application  of  (2976-4.)      S?c.  4.     Savc  as  Otherwise  provided  herein, 

other  laws.  all' of  the  orovisions  of  title  15,  chapter  2,  of  the  Revised 
Statutes  of  Ohio,  and  all  acts  amendatory  and  supplemen- 
tary thereto,  shall  apply  to  the  election  herein  provided  for, 
and  all  the  provisions  of  said  law,  or  laws,  relating  to  the 
marking  and  counting  of  ballots  for  candidates,  not  incon- 
sistent herewith,  shall  apply  to  the  marking  and  counting 
of  votes  upon  any  constitutional  amendment  in  any.  elec- 
tion held  under  the  provisions  of  this  act.      [95  v.  352.] 

Section  i.  That  at  the  general  election  to  be  held 
on  the  first  Tuesday  after  the  first  Monday  in  November, 
1905.  the  judges  and  clerks  of  election  in  each  township, 
ward  and  precinct  shall,  in  addition  to  the  returns  pro- 
vided by  law,  at  the  same  time  make  return  of  the  vote 
cast  for  and  against  any  proposed  amendments  that  may 
be  submitted  to  the  voters  of  the  state  for  adoption  or  re- 
jection at  such  election. 

Section  2.  A  return,  additional  to  the  return  now 
required  by  law  to  be  made  of  the  votes  cast  at  such  elec- 
tion for  state  officers  and  senators  and  representatives,  and 
also  for  and  against  said  proposed  amendment  or  amend- 
ments to  the  constitution,  shall  be  certified  and  mad^  by 
the  deputy  supervisors  of  election  of  each  county  to  the 
state  supervisor  of  elections,  within  teVi  days  "after  said 
election ;  and  within  twenty  days  after  said  election  the 
governor,  secretary  of  state  and  attorney-general  shall  open 
said  returns,  and  count  the  votes,  and  ascertain  whether  or 
not  a  majority  of  the  votes  cast  at  sai-d  election  have  been 
cast  for  said  proposed  amendment  or  amendments,  or  either 
of  them ;  and  if  it  appears  that  a  majority  of  the  votes  cast 
at  said  election  have  been  cast  for  said  proposed  amendment 
or  amendments,  or  either  of  them,  "the  governor  shall  make 
proclamation  thereof  without  delay. 

Section  3.  The  state  supervisor  of , public  printing  shall 
cause  the  amendments  to  the  constitution  proposed  at  the 
present  session  of  the  general  assembly  to  be  published  once 
each  week  in  not  less  than  one  newspaper  of  general  cii- 
culation  in  each  county  of  the  state  wherein  a  newspaper 
is  published,  once  each  week  for  six  months,  and  until  the 
first  Tuesday  after  the  first  Monday  of  November,  1905, 
and  •  in  counties  where  newspapers  of  general  circulation 
represent  each  of  the  two  leading  political  parties,  then 
such  amendments  shall  be  published  in  one  newspaper  of 
each  political  party  once  each  week  for  six.  months,  and 
until  said  first  Tuesday  after  the  first  Monday  of  Novem- 


Return  by 
deputy    state 
supervisors 
of  election  to 
state  super- 
visor of  elec-' 
tions. 


Canvass    of 
vote. 


Publication  of 
proposed 
amendments 
to    constitu- 
tion. 


OHIO    ELECTION    LAWS. 


167 


ber,  1905 ;  and  in  counties  having  a  German  newspaper 
of  general  circulation,  once  a  week  in  a  German  newspaper 
for  said  time;  and  in  counties  having  two  German  news- 
papers of  opposite  politics,  of  general  circulation  in  the 
county,  it  shall  be  published  in  each  of  such  German  news- 
papers. 

Section  4.  The  charges  for  publication  shall  not  ex-, 
ceed  sixty  per  cent,  of  the  rates  established  in  section  four 
thousand  three  hundred  and  sixty-six  (4,366)  of  the  Re- 
vised Statutes  for  legal  advertising.  The  cost  of  publica- 
tion shall  be  paid  out  of  the  state  treasury  from  any  money 
not  otherwise  appropriated,  upon  the  warrant  of  the  auditor 
of  state,  upon  vouchers  approved  by  the  supervisor  of  pub- 
lic printing  who  shall  make  legal  measurement  of  the 
matter  published.     [97  v.  484.] 

An  amendment  to  the  constitution,  submitted  by  the  legisla- 
ture under  the  provisions  of  Sec.  1,  Article  16,  of  that  instrument, 
requires,  for  its  adoption,  a  majority  of  all  the  votes  cast  at  the 
election  for  senators  and  representatives  at  which  it  is  submitted 
to  the  electors  of  the  state  for  their  approval  or  rejection. 

State  Ex  rel.  v.  Foraker,  Governor,  46  O.  S.  677. 


Charges   for 
publication. 


FRAUDULENT    BALLOTS. 

Sec.  2952.  When  a  ballot,  with  certain  designated 
heading,  contains,  printed  thereon  in  place  of  another,  a 
name  not  foui]id  on  the  regular  ballot  having  such  head- 
ing, such  name  shall  be  regarded 'by  the  judges  as  having 
been  placed  thereon  for  the  purpose  of  fraud,  and  the  ballot 
shall  not  be  counted  for  the  name  so  found.     [71  v.  31,  §  2.] 

See  Roller  v.  Tuesdale,  26  O.  S.  586. 

Sec.  2953.  When  two  or  more  ballots  are  found  folded 
or  rolled  together,  it  shall  be  conclusive  evidence  of  their 
being  fraudulent,  and  neither  shall  be  counted.  [50  v.  311, 
§  I4-] 

Sec.  2954.  If  a  ballot  contains  a  greater  number  of 
names,  for  any  one.  office,  than  the  number  of  persons  re- 
quired to  fill  that  office,  it  shall  be  considered  fraudulent 
as  to  the  whole  of  the  names  designated  to  fill  such  office, 
but  no  further.     [50  v.  311,  §  15.] 

Sec.  2955.  A  ballot  shall  not  be  considered  fraudulent 
for  containing  a  less  number  of  names  than  are  authorized 
to  be  inserted.     [50  v.  31 1,  §  16.] 


When  a  name 
printed  on  a 
ticket   fradu- 
lent. 


When   two  or 
more   ballots 
are   folded  to- 
gether. 


When  a  ballot 
contains  too 
manv  names. 


Ballots  may 
contain  less 
names  than 
authorized. 


INDICTMENT. 

Sec.  7225.  When  an  offense'  is  committed  in  relation 
to  any  election,  an  indictment  for  such  oflFense  shall  be 
deemed  sufficient  if  it  allege  that  such  election  was  author- 
ized by  law,  without  stating  the  names  of  the  officers  hold- 
ing the  election,  or  the  persons  voted  lor,  or  the  offices 
to  be  filled,  at  such  election.     [66  v.  302,  §  98.] 


How  election 
to  be  averred. 


168 


OHIO    ELECTION    LAWS. 


Counts   for 
bribery,    etc., 
at    elections 
.may  be  joined. 


Sec.  7226.  Counts  under  sections  seven  thousand  and 
forty-four,  seven  thousand  and  sixty-four,  seven  thousand 
and  sixty-five,  and  seven  thousand  and  ■  sixty-six,  may  be 
joined  in  th.e  same  indictment  against  the  same  defendant, 
for  acts  committed  with  reference  to  the  same  election ;  and 
evidence  offered  on  any  one  count  shall  be  competent  evi- 
dence to  prove  the  intent  charged  in  any  other  count  of  the 
indictment.     [76  v.  75,  §  6.] 


■Convict  in- 
-competent  to 
be  an  elector, 
•or  juror,  un- 
less pardoned 
•or  restored  to 
-citizenship. 


Convict  of 
other  state 
disfranchised. 


Betting  on 
•election;    how 
fpunished. 


No   intoxicat- 
ing liauors  to 
be  sola  on 
election   days 
and    drinking 
places   to   be 
closed. 


CRIMES  AND  OFFENSES. 

Sec.  6797.-  A  person  convicted  of  felony  shall,  unless 
iiis  sentence  be  reversed  or  annulled,  be  incompetent  to  be 
an  elector  or  juror,  or  to  hold  any  office  of  honor,  trust  or 
profit  in  this  state ;  the  pardon  of  a  convict  shall  effect  a 
restoration  of  the  rights  and  privileges  so  forfeited,  or  they 
may  be  restored  as  provided  in  section  seven  thousand  four 
hundred  and  thirty-two;  but  a  pardon  shall  not  release  a 
convict  from  the  costs  of  his  conviction,  unless  so  stated 
therein.     [78  v.  90.] 

Sec.  6798.  A  person  who  has  been  actually  imprisoned 
in  the  penitentiary  of  any  other  state  of  the  United  States, 
under  sentence  for  the  commission  of  any  crime  punishable 
by  the  laws  of  this  state  by  imprisonment  in  the  peniten- 
tiary, is  incompetent  to  be  an  elector  or  juror,  or  to  hold 
any  office  of  honor,  trust,  or  profit,  within  this  state,  unless 
he  shall  have  received  a  general  pardon  from  the  governor 
of  the  state  in  which  he  may  have  been  imprisoned,  agree- 
ably to  the  laws  thereof.     [40  v.  30,  §  i  ;  73  v.  127,  §  33.] 

A  paroled  prisoner  is  hot  entitled  to  the  rights  of  citizenship 
or  the  exercise  of  the  elective  franchise.     K.  10-24-98. 

Sec.  6939.  Whosoever  rnakes  any  bet  or  wager,  sells 
or  purchases  any  pools,  on  the,  result  of  any  election  held 
under  the  laws  of  this  state,  or  upon  the  election  of  any  per- 
son to  any  office,  post,  or  situation,  which  by  the  constitu- 
tion or  laws  of  this  state  is  made  elective,  or  upon  the 
election  of  president  or  vice-president  of  the  United  States, 
or  of  any  elector  of  president  or  vice-president  of  the  United 
states,  shall  be  fined  not  more  than  five  hundred  nor  less 
than  five  dollars,  or  imprisoned  not  less  than  ten  days,  or 
more  than  six  months ;  and  when  the  amount  put  at  hazard 
is  between  said  sums,  the  fine  shall  be  equal  the  amount  so 
hazarded.  Prosecutions  under  thie  section  shall  be  com- 
menced within  one  year  from  the  time  the  offense  is  com- 
mitted.    [75  V.  57,  §  II-] 

Sec.  6948.  Whoever  sells,  or  gives  away,  any  spiritu- 
ous, vinous,  or  malt  liquors  on  any  election  day,  or,  being 
the  keeper  of  a  place  where  any  such  liquors  are  habitually 
sold  and  drank,  fails  on  any  election  day  to  keep  the  same 
closed,  shall  be  fined  not  more  than  one  hundred  dollars,  and 
imprisoned  not  more  than  ten  days.     [61  v.  24.] 


OHIO   ELECTION    LAWS. 


169 


The  "election  day"  mentioned  in  Section  6948,  Revised  Stat- 
utes, is  a  whole  day  of  twenty-four  hours;  and  the  keeper  of  a 
place  where  spirituous,  vinous,  or  tnalt  liquors  are  habitually  sold 
and  drank,  is  required  to  keep  such  place  closed  during  the  whole 
twenty-four  hours  of  the  day  of  any  election. 

Schuck  V.  State,  50  O.  S.  493. 

Sec.  7039.  Whoever  gives  any  money,  property,  fee  or 
reward  of  any  kind  or  nature,  directly  or  indirectly,  for  the 
vote  or  for  the  influence  of  any  person  in  favor  of  or  against 
any  candidate  for  nomination  at  any  election'  held  under 
the  provisions  of  law  relating  to  primary  elections,  or  at 
any  primary  election  held  by  any  political  party,  whether 
the  same  be  held  in  pursuance  of  the  laws  relating  to  prim- 
ary elections  within  this  state,  or  otherwise,  shall  be  fined 
not  less  than  one  hundred  dollars,  and  be  imprisoned  in 
the  j5enitentiary  not  more  than  two  years.     [86  v.  363.] 

Sec.  7040.  Whoever,  by  threats,  or  otherwise,  attempts 
to  intimidate  any  elector,  or  any  supervisor  or  judge  of  any 
election  held  under  the  acts  mentioned  in  the  last  section,  or 
in  any  manner  interferes  with  or  disturbs  any  such  election, 
shall  be  fined  not  more  than  one  hundred  dollars,  and  im- 
prisoned not  more  than  thirty  i.or  less  than  twenty  days. 
[68  V.  29,  §  6.] 

Sec.  7041.  Whoever  gives  directly  or  indirectly  any 
reward,  fee,  money  or  property  to  influence  the  vote  of  any 
delegate  or  any  elector  in  favor  of  or  against  any  candidate, 
or  for  any  labor  or  service  rendered  to  any  candidate  for 
nomination  or  election,  or  to  be  rendered  to  any  candidate 
for  nomination  or  election  to  any  office  whatever,  or  for  any 
expense  incurred,  shall  be  fined  not  more  than  five  hundred 
dollars,  and  be  imprisoned  in  the  penitentiary  not  more  than 
five  years.     [86  v.  363.] 

Sec.  7042.  A  candidate  for  nomination  to  any  office, 
before  any  convention  held  under  the  acts  named  in  section 
seven  thousand  and  thirty-nine,  who  pays,  or  promises  to 
pay,  directly  or  indirectly,  any  money  or  property,  to  any 
delegate,  for  the  purpose  of  obtaining  his  influence  or  vote 
for  such  nomination  in  such  convention,  shall  be  fined  not 
more  than  five  hundred  nor  less  than  one  hundred  dollars, 
and.  if  nominated  and  elected  to  such  office,  shall  be  in- 
eligible to  hold  the  same,  and  shall  be  disqualified  from 
voting  or  being  nominated  at  any  such  ejection  or  conven- 
tion.     [71  V.  114,  §  9.] 

Sec.  7043.  A  supervisor  or  judge  of  any  such  election 
who  wilfully  omits  any  duty  imposed  upon  him  by  the  pro- 
visions of  chapter  one,  title  fourteen,  part  first,  and  a  person 
who  votes  at  any  such  election,  not  being  a  citizen  of  the 
United  States,  or  when  he  cannot  become  a  qualified  voter 
at  such  precinct  at  the  next  public  election,  or  casts  a  ballot 
after  objection  has  been  made  and  sustained  to  his  vote,  or 
who  votes  more  than  once  at  anv  such  election,  at  the  same 


Offering 
bribes  for  votes 
at    primary- 
elections; 
penalty. 


Attempting  to 
intimidate 
electors    or 
judges  at  _ 
such  election. 


Kribery  of 
delegates  or 
electors. 


Candidate  at 
such  election 
paying  or 

Cromising 
ribes. 


Penalties  for 
omissions   of 
duty   and 
fraudulent 
voting. 


170 


OHIO    ELECTION    LAWS. 


or  a  different  precinct  or  poll,  shall  be  fined  not  more  than 
two  hundred  nor  less  than  fifty  dollars,  or  imprisoned  in 
the  county  jail  not  more  than  sixty  nor  less  than  ten  days, 
or  both.     [68  v.  29,  §§  4,  5.] 

See  State  v.  Volkopf,  8  O.  D.  687. 


To  what  elec- 

quent  s«:tion3   shall  apply  to  all  elections  authorized  by  the  laws  of  this 

applicabel.  gtate. 


Voting,     not 
being  a  resi- 
dent   of    the 
precinct 
twen{y    days. 


Voting,    not 
being  a   resi- 
dent   of    the 
county    thirty 
days. 


Voting,   not 
being  a  resi- 
dent  of  this 
state. 


Voting   more 
than   once  at 
the  same  elec- 
tion. 


X'oting    with- 
out   a    resi- 
dence of  one 
year;    not   be- 
ing   twenty- 
one  years  of 
age.    not  a 
ritir^n;     con- 
vict"d   of 
crinif  and  not 
pardoned. 


Procuring 
illegal  vote. 


Sec.   7045.      The   subsequent   sections   of  this   cliapter 
1  electii 
[98  p.  L.  226.] 

Sec.  7047.  Whoever  votes  in  any  election  precinct,  in 
which  he  has  not  actually  resided  for  twenty  days  next  pre- 
ceding the  election,  or  into  which  he  shall  have  come  for 
temporary  purposes  merely,  shall  be  fined  not  more  than  five 
hundred  dollars,  or  imprisoned  not  more  than  six  nor  less 
than  three  months.      [73  v.   155,"  §  4.] 

Sec.  7048.  Whoever,  bein<^  a  resident  of  this  state, 
votes  in  any  county  in  which  he  has  not  been  an  actual 
resident  for  thirty  days  next  precedino-  the  election,  shall  be 
imprisoned  in  the  penitentiary  not  more  than  three  years 
nor  less  than  one  year.     [65  v.  100,  §  5.] 

Sec.  7049.  Whoever,  being  a  resident  of  another  state, 
votes  or  attempts  to  vote  at  any  election  in  this  state,  shall 
be  imprisoned  in  the  penitentiary  not  more  than  live  years 
nor  less  than  one  year.      [98  O.  L.  226.] 

Sec.  7050.  Whoever  votes  or  attempts  to  vote  more 
than  once  at  the  same '  election  shall  be  imprisoned  in  the 
penitentiary  not  more  than  five  years  nor  less  than  one 
year.     [98  O.  L.  226.] 

Sec.  7051.  Whoever  votes  at  any  election,  not  having 
been  a  resident  of  this  state  for  one  year  immediately  pre- 
ceding the  election,  or  not  being  twenty-one  years  of  age, 
knowing  that  he  is  not  of  full  age,  or  not  being  a  citizen  of 
the  United  States,  knowing  that  he  is  not  such  citizen^  or 
being  disqualified  by  a  conviction  of  crime,  and  not  par- 
doned and  restored  to  all  the  rights  of  a  citizen,  shall  be 
imprisoned  not  more  than  six  months  nor  less  than  one 
month.     [39  V.  13,  §  8.] 

Sec.  7052.  Whoever  counsels  or  advises  another  to 
give  his  vote,  knowing  that  he  has  not  been  a  resident  of 
this  state  for  one  year  immediately  preceding  the  election, 
or  that  at  the  time  of  the  election  he  is  not  twenty-one  years 
of  age,  or  that  he  is  not  a  citizen  of  the  United  States,  or 
that,  by  reason  of  pther  disability,  he  is  not-  duly  qualified 
to  vote  at  the  place  where,  or  the  time  when,  the  vote  is 
to  be  given,  shall  be  fined  not  more  than  five  hundred  nor 
less  than  one  hundred  dollars,  and  imprisoned  not  more 
than  six  months  nor  less  than  one  month.     [39  v.  13,  §  9.] 


OHIO    ELECTION    LAWS. 


171 


Procuring  an 
elector  to  go 
or  come  into 
a  county  of. 
which  he  ia, 
not  a  resident 
to  vote. 


Deceiving    an 
elector   who 
can  not  read. 


Fraudulent 
voting. 


Sec.  7053.  Whoever  procures,  aids,  assists,  counsels. 
or  advises  another  to  go  or  come  into  any  county  for  the 
purpose  of  giving  his  vote  in  such  county,  knowing  that  the 
person  is  not  duly  qualified  to  vote  in  such  county  shall  be 
imprisoned  in  the  penitentiary  not  more  than  five  years  nor 
less  than  one  year.      [39  v.  13,  §  10.] 

Sec.  7054.  Whoever  furnishes  an  elector  who  cannot 
read,  with  a  ticket,  informing  him  that  it  contains  a  name 
different  from  those  which  are  written  or  printed  thereon, 
with  intent  to  induce  him  to  vote  contrary  to  his  inclination, 
or  fraudulently  or  deceitfully  changes  the  ballot  of  any  elec- 
tor, by  which  such  elector  is  prevented  from  voting  for  such 
candidate  as  he  intended,  shall  be  imprisoned  in  the  peni- 
tentiary not  more  than  three  years  nor  less  than  one  year. 
[39  V.   13,  §  12.] 

Sec.  7055.  Whoever,  either  before  or  after  the  procla- 
mation is  made  at  the  opening  of  the  polls,  fraudulently  put.'- 
a  ballot  or  ticket  into  the  ballot  box,  or  whoever  personates 
any  other  person  real  or  fictitious,  living  or  dead,  and  votes 
or  attempts  to  vote  in  the  name  of  such  other  person  as  an 
elector  in  any  precinct  in  this  state,  shall  be  imprisoned  in 
the  penitentiary  not  less  than  two  years  nor  more  than  five 
5^ears.     [98  O.  L.  226.] 

Sec.  7056.  A  judge  of  any  election  who,  after  the 
counting  of  votes  commences  as  required  by  law,  postpones 
the  counting  of  votes  cast  at  such  election,  or  adjourns  for 
any  time  or  to  any  place,  or  removes  the  ballot-box  from 
the  place  of  voting  or  from  the  custody  or  presence  of  all 
the  judges  of  such  election,  shall  be  fined  not  more  than 
one  thousand  nor  less  than  one  hundred  dollars,  and  im- 
prisoned not  n;ore  than  ten  days.     [69  v.  58,  §§  i,  2.] 

Sec.  7057.  A  judge  of  any  election  who  knowlingly 
permits  any  ballot  or  ticket,  fraudulently  placed  in  the 
ballot-box,  if  the  same  can  be  designated,  -to  be  counted 
with  the  legal  votes  cast  at  such  election,  shall  be  imprisoned 
in  the  penitentiary  not  more  than  three  years  nor  less  than 
one  year.     [69  v.  52,  §  21.] 

Sec.  7058.     A  judge  of  an  election  who  knowingly  re-    Misconduct  of 
ceives,  or  sanctions  the  reception  of  a  vote  from  any  per-    eiec«on;°  how- 
son  not  having  all  the  qualifications  of  an  elector  prescribed    punished, 
by  law,  or  receives,  or  sanctions  the  reception  of,  a  ballot 
from  any  person  who  refuses  to  answer  any  question  put 
to  him  in  accordance  with  the  requirements  of  the  laws 
of  this   state   relating  to  elections,  or  refuses  to  take  the 
oath  prescribed  by  the  laws  aforesaid,  or  refuses,  or  sanc- 
tions the  refusal  of  any  other  judge  of  the  election  board 
to   which   the   judge  belongs,   to  administer   any   oath   re- 
quired  by   the   laws   aforesaid   to   be   administered,   or   re- 
fuses to  receive,  or  sanction  the  rejection  of,  a  ballot  from 
any  person,  knowing  him  to  have  all  the  qualifications  of 


Judges  post- 
poning, count- 
ing, adjourn- 
ing, or  remov- 
ing ballot-box. 


Judges   of 
election  know- 
ingly  count- 
i.ng    fraud- 
ulent  votes. 


172 


OHIO    ELECTION    LAWS. 


Unlawfully 
obtaining,   or 
attempting  to 
obtain   posses- 
sion of  ballot- 
box  or  ballots. 


Penalty   for 
destroying 
ballot-box, 
ballots,    at 
poU-bopks. 


Penalty    for 
fraudulent 
■writing  on 
poll-books  or 
tally- sheets. 


ah  elector  prescribed  by  law,  or  refuse,  if  requested,  to 
permit  the  respective  candidates  at  such  an  election,  or 
not  exceeding-  three  of  the  friends  of  each  of  such  candi- 
dates, to  be  present  in  the  room  where  the  judges  are  dur- 
ing the  time  of  receiving  and  counting  out  the  ballots; 
and  a  judge  or  clerk  of  an  election,  on  whom  any  duty  is 
enjoined  by  the  laws  of  this  state  relating  to  elections,  who 
wilfully  neglects  any  such  duty,  or  is  guilty  of  any  corrupt 
conduct  in  the  execution  of  the  same,  shall  be  fined  not 
more  than  one  thousand  nor  less  than  three  hundred  dollars, 
and  imprisoned  not  more  than  six  nor  less  than  three 
months.     [73  v.  157;   yy  v.  267.] 

Sec.  7059.  Whoever,  at  any  election,  unlawfully, 
either  by  force,  fraud,  or  other  improper  means,  obtains, 
or  attempts  to  obtain,  possession  of  any  ballot-box,  or  any 
ballots  therein  deposited,  while  the  voting  at  such  election 
is  going  on,  or  before  the  ballots  are  duly  taken  out  of 
such  ballot-box  and  enumerated  by  the  judges  of  election 
according  to  law,  shall  be  imprisoned  in  the  penitentiary 
not  more  than  three  years  nor  less  than  one  year.  [53  v. 
59,  §§  I,  3.] 

Sec.  7060.  Whoever  shall,  from  the  time  any  ballots 
are  cast  or  voted  until  the  time  has  expired  for  using  the 
same  as  evidence  in  any  contest  of  election,  unlawfully 
destroy,  or  attempt  to  destroy,  any  ballot-box  or  poll-book 
used  at  any  election;  or  shall,  within  the  same  time,  un- 
lawfully destroy,  falsify,  mark,  or  write  on  any  ballot  cast 
or  voted ;  or  shall,  within  the  same  time,  unlawfully  change, 
alter,  erase  or  tamper  with  any  name  contained  on  any 
ballot  cast  or  voted  shall  be  imprisoned  in  the  penitentiary 
not  more  than  five  years  nor  less  than  one  year.     [78  v.  30.] 

Sec.  7061.  Whoever  shall,  from  the  time  any  ballots 
are  cast  or  voted  until  the  time  has  expired  for  using  the 
same  as  evidence  in  any  contest  of  election,  wilfully  and 
with  fradulent  intent,  inscribe,  write,  or  cause  to  be  in- 
scribed or  written,  in  or  upon  any  poll-book,  tally-sheet, 
or  list,  lawfully  made  or  kept  at  any  election  in,  or  upon 
any  book  or  paper  purporting  to  be  such,  or  upon  any 
electior  returns,  or  upon  any  book  or  paper  containing  the 
same,  the  name  of  any  person  not  entitled  to  vote  at  such 
election,  or  not  voting  thereat,  or  any  fictitious  name,  or 
within  the  same  time,  shall  wrongfully  change,  alter,  erase, 
or  tamper  with  any  name  word,  or  figure  contained  in  such 
poll-book  tally-sheet,  list,  book  or  paper;  or  falsify,  mark, 
or  write  on  such  poll-book,  tally-sheet,  list,  book  or  paper 
in  any  manner  whatsoever,  such  act  or  acts  being  done  with 
intent  to  defeat,  hinder,  or  prevent  a  fair  expression  of  the 
will  of  the  people  at  such  election,  shall  be  imprisoned  in 
the  penitentiary  not  more  than  three  years  nor  less  than 
one  year.     [78  v.  30.] 


OHIO   ELECTION    LAWS. 


173 


Sec.  7062.  Whoever  has  in  his  possession  anv  falsely 
made,  altered,  forged,  or  counterfeited  poll-book,  tally- 
sheet,  or  list,  or  election  returns,  of  any  election,  know- 
ing the  same  to  be  falsely  made,  altered,  forged,  or  coun- 
terfeited,, with  intent  to  hinder,  defeat,  or  prevent  a  fair 
expression  of  the  popular  will  at  such  election,  shall  be 
imprisoned  in-  the  penitentiary  not  more  than  three  years 
nor  less  than  one  year.     [67  v.  51,  §  2.] 

Sec.  7063.  Whoever,  at  any  election,  marks  the  ballot 
of  any  elector,  or  hands  a  marked  ballot  to  him  to  vote, 
with  intent  to  ascertain  how  he  voted,  or  prints  for  dis- 
tribution any  ballot  contrary  to  the  provisions  of  law ;  or 
distributes  to  an  elector,  or  knowingly  votes,  any  ballot 
printed  or  written  contrary  to  the  provisions  of  law,  shall 
be  fined  not  more  than  fifty  dollars,  and  imprisoned  not 
more  than  ten  days.      [65  v.  138,  §  3;    71  v.  31,  §  2.] 

Sec.  7066.     Prosecutions  under  sections  seven  thousand    Prosecutions. 
and  thirty-nine  to  seven  thousand  and  sixty-five,  inclusive, 
must  be  commenced  within  two  years  after  the  commission 
of  the  act  complained  of.     [98  O.  L.  227.] 


Possession  of 
forged  or  al- 
tered  poll- 
books  or  tally- 
sheets    with 
fraudulent 
intent. 


Marking  bal- 
lots, or  print- 
ing, distribut- 
ing or  voting 
ballots  unlaw- 
fully written 
or  printed.' 


PRIMARY  ELECTIONS. 

Sec.  2916.  When  any  voluntary  political  association  x\hen  the  pro- 
or  party  in  any  county,  township  or  mimicipal  corporation,  vision  of  this 
by  a  vote  of  a  majority  of  its  executive  or  controlling 
committee,  certified  under  oath  by  its  chairman  and  sec- 
retary, shall  cause  notice  of  the  holding  of  a  primary  elec- 
tion for  the  selection  of  party  candidates,  committeemen, 
delegates,  or  alternates  to  any  party  convention  to  be  pub- 
lished, and  shall  make  application  therefor  to  the  deputy 
state  supervisors  of  elections  or  board  of  deputy  state  su- 
pervisors and  inspectors  of  elections  as  the  case  may  be,  of 
such  county,  all  as  hereinafter  provided,  such  primary  elec- 
tion shall  be  held  and  conducted  under  the  provisions  of 
this  chapter.      [97  v.  439.] 

Where  voluntarj-  primaries  are  held  by  a  political  party  for 
the  nomination  of  candidates  for  public  office,  the  executive  com- 
mittee of  such  party  in  its  call  for  the  primary  has  authority  to 
prescribe  the  qualifications  of  voters  at  such  primary  election.  The 
committee  in  taking  such  action  should  be  governed  by  the  customs 
and  usages  of  the  party  in  making  nominations  of  candidates.  Its 
regulations  should  be  reasonable  so  as  to  afford  an  opportunity 
to  all  electors  of  the  political  party  to  cast  their  votes  at  such 
election.     L.  6-28-06. 

See  note  to  Sec.  2966-3,  as  to  "Executive  Committee." 

Sec.    2917.     Such   notice   shall   be   ordered   and    such    xime  of  notice 
application  made  not  less  than  ten  days  prior  to  the  time    ^?^  appUca- 
fixed  for  the  holding  of  such  primary  election,  and  such 
notice  and  application  shall  state  the  purpose,  time,  man- 
ner and  conditions  of  the  holding  of  such  primary  election, 
and  shall  prescribe  the  qualifications  not  inconsistent  with 


174 


OHIO    ELECTION    LAWS. 


Registration 
cities. 


.  the  provisions  of  this  chapter,  of  the  persons  to  vote .  at 
such  election;  provided,  however,  in  cities  where  regis- 
tration of  electors  is  required  by  law,  none  but  registered 
electors  shall  be  permitted  to  participate  in  such  primary 
election,  and  the  deputy  state  supervisors  of  elections,  or 
board  of  deputy  state  supervisors  and  inspectors  of  elec- 
tions as  the  case  may  be,  when  so  requested  in  such  notice 
and  application,  shall,  prior  to  such  primary  election,  make 
such  provision  as  shall  be  reasonable  for  the  transfer  upon 
the  registration  books  and  the  registration  of  all  persons, 
who  may  qualify  themselves  to  vote  at  the  next  general 
election  to  be  held  after  such  primary  election ;  and  pro- 
vided, further,  that  such  primary  election  shall  be  held  at 
the  regular  polling  places  in  each  of  the  voting  precincts 
in  such  county,  township  or  municipal  corporation,  and  shall 
continue  for  a  period  of  not  less  than  three  consecutive 
hours,  and  shall  close  not  later  than  seven  o'clock  p.  m. 
[97  V.  439-] 


Notice  when 
to    be^  pub- 
lished and 
posted. 


Conduct  of 
election. 


The  expenses  of  the  deputy  state  supervisors  in  making  such 
provision  as  shall  be  reasonable  for  the  transfer  upon  the  regis- 
tration books,  and  the  registration'  of  all  persons  who  may  qualify 
themselves  to  vote  at  the  next  general  election  to  be  held  after 
such  primary,  should  be  paid  out  of  the  county  treasury  as  other 
county  expenses.  Where  the  primary  is  held  within  a  regrstration 
city  for  the  purpose  of  nominating  candidates  for  municipal  officers, 
such  expenses  should  be  paid  out  of  the  City  Treasury  as  other 
expenses.     L.  8-1-06. 

The  primary  election  law  does  not  apparently  apply  to  district 
primaries,  but  it  seems  clear  that  where  the  committee  of  a  party 
in  the  several  counties  of  the  district  agree  to  hold  such  primaries 
for  the  nomination  of  a  candidate  for  a  district  office,  they  may  do 
so,  in  which  case  the  result  in  each  county  rriay  be  determined  by  the 
proper  canvassing  board,  and  the  result  certified  to  tlie  board  of 
deputy  state  supervisors  of  elections  of  the  most  populous  county 
•of  the  district.  The  latter  board  should  then  proceed  to  canvass 
the  returns  of  all  the  counties  of  the  district,  declare  the  result, 
and  issue  certificates  of  nomination  to  the  successful  candidates. 
It  should  also  certify  the  result  of  the  primary  to  the  other  boards 
of  the  district.  In  such  case  the  cost  of  the' conduct  of  such 
primary  within  each  county  should  be  paid  by  the  proper  author- 
ities of  the  county  as  other  county  expenses  are  paid.     L.  9-18-OG. 

See  note  to  Sec.  2966-3,  as  to  "rightful  executive  committee." 

Sec.  2918.  '  At  least  ten  days  previous  to  any  such 
election  such  notice  shall  be  published  in  a  newspaper 
printed  and  of  general  circulation  in  such  county ;  but  the 
publication  shall  not  be  required  in  any  county  in  which 
no  newspaper  is  printed ;  the  notice  shall  also  be  posted 
in  at  least  three  public  places  in  each  precinct  within  the 
territory  in  which  the  election  is  to  be  held.      [97  v.  439.J 

Sec.  2919.  Subject  to  the  provisions  of  such  notice, 
such  primary  election  shall  be  under  the  exclusive  con- 
trol and  supervision  of  the  deputy  state  supervisors  of 
elettions  or  board  of  deputy  state  supervisors  and  in.spec- 
tors  of  elections  as  the  case  mav  be,  of  such  countv,  who 


OHIO    ELECTION    LAWS. 

shall  provide  all  ballots,  poll-books,  tally  and  summary 
sheets,  other  blanks  and  things  necessary,  and  assign  to 
each  polling  place  two  competent  electors  to  act  as  judges 
and  one .  competent  elector  to  act  as  clerk  of  such  primary- 
election  ;  provided,  however,  that  such  judges  and  clerks 
shall  be  of  the  political  faith  of  the  party  holding  such 
primary  election  and  shall,  whenever  practicable,  be  the 
regular  election  officers.  Such  primary  elections  shall  be 
conducted  as  required  by  the  laws  governing  the  conduct 
of  general  elections  so  far  as  the  same  may  be  applicable. 
The  penalties  provided  for  fraudulent  voting  in  the  sec- 
tions of  the  Revised  Statutes  from  seven  thousand  and 
thirty-nine  to  seven  thousand  and  sixty-six.  inclusive,  shall 
'be  enforced  for  the  same  offenses  at  primary  elections ; 
and  the  judges  and  clerks  shall  be  charged  with  the  same 
powers  and  duties  and  be  subject  to  the  same  penalties 
as  the  judges  and  clerks  of  general  elections.  At  the  close 
of  each  primary  election,  the  judges  and  clerks  shall 
forthwith  proceed  to  count  the  votes  cast  and  make  return 
thereof  to  the  deputy  state  supervisors  of  elections,  or  board 
of  deputy  state  supervisors  and  inspectors  of  elections  as 
the  case  may  be,  who  together  with  the  chairman  of  the 
executive  or  controlling  committee  ordering  such  primary 
election,  shall  constitute  a  canvassing  board  and  shall  can- 
vass the  returns  of  such  primary  election,  determine  all 
matters  relative  thereto  and  certify  the  result  of  such  pri- 
mary election  to  the  executive  or  controlling  committee 
ordering  such  primary  election.  Ties,  if  any  there  be, 
shall  be  determined  by  lot  by  such  canvassing  board.  Pro- 
vided, however,  that  for  the  purpose  of  determining  the 
election  of  any  candidate  voted  for  in  a  single  voting  place 
only,  the  judges  and  clerks  in  charge  of  such  voting  place 
shall  constitute  such  canvassing  board,  and  shall  have  full 
power  to  declare  the  result  and  shall  forthwith  issue 
proper  credentials  of  election.  Judges  and  clerks  shall  be 
paid  two  dollars  each  for  every  such  election  and  any  judge 
or  clerk  delivering  the  returns  as  aforesaid  to  the  deputy 
state  supervisors  of  elections,  or  board  of  deputy  state 
supervisors  and  inspectors  of  elections  as  the  caSe  may  be, 
shall  be  allowed  five  cents  a  mile  for  the  distance  travelled 
by  him  in  delivering  same,  and  returning  to  his  home. 
Deputy  state  supervisors  of  elections  and  deputy^  state 
supervisors  and  inspectors  of  elections  shall  each  receive 
fifty  cents  per  precinct  and  clerks  of  such  boards  seventy- 
five  cents  per  precinct  for  such  elections;  provided,  how- 
ever, that  the  total  compensation  of  such  officers  shall  not 
exceed  the  maximum  of  compensation  otherwise  provided 
b]£  law. 

The  expenses  of  municipal  primary  elections  shall  be 
defrayed  by  the  municipality  in  which  the  same  is  held. 
The  expense  of  all  other  primary  elections  shall  be  de- 
fra\ed   by  the  county.     The  deputy  state  supervisors   of 


17& 


176 


OHIO   ELECTION    LAWS. 


Challenges — 
by  whom  and 
for  what 
cause    made. 


Duty   of   the 
judges   when 
vote    chal- 
lenged. 


elections,  or  board  of  deputy  state  supervisors  and  in- 
spectors of  elections  as  the  case  may  be,  shall  not  be  re- 
quired to  hold  a  primary  election  for  any  party  which  cast 
less  than  ten  per  cent,  of  the  total  vote  cast  in  such  coun- 
ty at  the  last  general  election,  nor  shall  the  deputy  state 
supervisors  of  elections,  or  board  of  deputy  state  super- 
visors and  inspectors  of  elections  as  the  case  may  be,  be 
required  to  hold  more  than  two  primary  electoio'ns  for  the 
same  party  in  any  one  year.  No  delegate  or  alternate  to 
any  political  convention  in  this  state  shall  have  power  by 
.  proxy  or  otherwise  to  designate  another  person  to  serve 
as  a  delegate  in  his  place  or  stead  and  any  such  delegate 
who  shall  give  any  power  or  proxy  to  another  to  serve 
in  his  place  or  stead  shall  be  guilty  of  a  misdemeanor 
and  be  fined  not  less  than  twenty-five  dollars  and  not 
more  than  one  hundred  dollars.  The  voting  booths,  bal- 
lot-boxes, and  other  public  property  in  the  custody  and 
control  of  the  deputy  supervisors  of  elections,  or  board  of 
deputy  state  supervisors  and  inspectors  of  elections  as  the 
case  may  be,  shall  not  be  used  for  primary  elections  other 
than  those  held  under  the  provisions  of  this  act.  [97  v. 
440.] 

Where  a  primary  election  is  conducted  under  the  provisions 
of  sections  2916  to  29-21a  R  S.  the  deputy  state  supervisors  must 
provide  all  ballots,  ballot  boxes,  tally  and  summary  sheets,  other 
blanks  and  things  necessary,  and  assign  to  each  polling  place  two 
competent  electors  to  act  as  judges  and  one  competent  elector  to 
act  as  clerk  of  such  primary  election.  Such  judges  and  clerks  shall 
be  of  the  political  faith  of  the  party  holding  the  primary,  and 
whenever  practicable  should  be  the  regular  judges  of  election.  L. 
8-13-06. 

Sec.  2920.  A  qualified  elector  under  the  notice  may 
challenge  any  vote  offered,  because  the  person  offering 
it  is  not  entitled  to  vote  under  the  notice,  or  is  not  a  citi- 
zen of  the  United  States,  or  cannot  be  at  the  next  election  a 
legal  voter  of  the  precinct,  or  has  received  or  been  prom- 
ised, directly  or  indirectly,  any  money,  fee,  or  reward  for 
his  vote  for  any  candidate  at  such  election,  or  has  voted 
before  on  the  same  day,  at  that  or  some  other  precinct,  in 
the  same  election.     [68  v.  27,  §  4.] 

Sec.  2921.  Thereupon  one  of  the  judges  shall  ad- 
minister to  the  person  offering  to  vote  an  oath  that  he 
will  make  true  answers  to  such  questions  as  may  be  put 
to  him  touching  his  qualifications  to  vote  at  such  election 
and  shall  interrogate  him  as  to  his  qualifications;  if  such 
person  refuses  to  be  sworn,  or,  being  sworn,  refuses  to 
answer  every  question,  his  vote  shall  be  rejected;  but  if 
the  oath  be  taken  and  the  questions  answered  satisfac- 
torily and  he  be  not  successfully  contradicted  by  the 
sworn  testimony  of  witnesses  who  may  be  called,  his  oath 
shall  be  received  and  the  word  "sworn"  shall  be  noted  op- 
posite his  name  on  the  poll-book.     [97  v.  441.] 


OHIO   ELECTION    LAWS. 


177 


Witness    and 
cEallengers 
admitted  dur- 
ing receiving 
and  count  of 
votes;   people 
to  keep  one 
hundred    feet 
from   polls; 
penalty. 


Who    not   al- 
lowed to  vote 
at  primary 
election. 


Sec.  2921a.  Witnesses  and  challengers  shall  be  ad- 
mitted to  the  polling  places  in  accordance  with  the  rea- 
sonable regulations  established  by  the  executive  or  con- 
trolling committee  ordering  such  primary  election;  and 
at  all  primary  elections  held  within  the  boundary  of  any 
municipal  corporation  during  the  receiving  and  counting 
of  the  ballots,  no  person  shall  congregate  or  loiter  upon 
the  streets,  alleys  or  sidewalks  within  one  hundred  feet 
of  the  polling  place  of  any  election,  or  within  such  dis- 
tance of  one  hundred  feet  give  or  tender  or  exhibit  any 
ballot  or  ticket  to  any  person  other  than  to  a  judge  of  the 
election,  or  exhibit  any  ticket  or  ballot  which  he  intends 
to  cast  or  within  such  distance  solicit  or  m  any  way  at- 
tempt to  influence  any  elector  in  casting  his  vote.  Any 
person  wilfully  refusing  or  neglecting  to  perform  any  of 
the  duties  prescribed  in  this  act  or  any  person  wilfully 
violating  the  provisions  thereof  shall  be  deemed  guilty  of 
a  misdemeanor  and  upon  conviction  thereof  he  shall  be 
fined  not  less  than  five  nor  more  than  fifty  dollars,  or  im- 
prisoned in  the  county  jail  not  less  than  five  days  nor  more 
than  thirty  days  or  both  at  the  discretion  of  the  court. 
[97  V.  441.] 

Section  i.  No  person  shall  be  allowed  to  vote  at  any 
primary-  election  except  he  be  an  elector  resident  of  the 
precinct,  ward  or  township  in  which  he  desires  to  vote 
and  except  he  voted  with  the  political  party  holding  such 
primary  election  at  the  last  general  election,  providing 
he  voted  at  all  at  such  election,  unless  he  be  a  first  voter; 
nor  shall  any  person  vote  more  than  one  time,  or  at  any 
other  than  at  the  polling  place  in  that  precinct,  ward  or 
township  wherein  he  resides. 

Any  person  who  shall  violate  the  provisions  of  this 
act  shall  be  fined  not  less  than  one  hundred  ($100.00)  dol- 
lars nor  more  than  three  hundred  ($300.00)  dollars,  or 
imprisoned  in  the  penitentiar}-  for  one  year,  or  both  in  the 
discretion  of  the  court.     [97  v.  107.] 

Section  2.  Any  person  who  shall  solicit,  request,  de-  Bribery, 
mand  or  receive,  directly  or  indirectly,  any  money,  intoxi- 
cating liquor  or  other  thing  of  value,  or  the  promise  thereof, 
either  to  influence  his  vote,  or  to  be  used,  or  under  the 
pretense  of  being  used  to  procure  the  vote  of  any  other 
person  or  persons,  or  to  be  used  at  any  poll  or  other  place 
prior  to  or  on  the  day  of  an  election  for  or  against  any 
candidate  for  office,  or  for  or  against  any  measure  or 
question  to  be  voted  upon  at  such  election,  shall  be  deemed 
guilty  of  an  oflFense,  and  upon  conviction  thereof  shall  be 
sentenced  to  pay  a .  fine  of  not  less  than  one  hundred 
($100.00)  dollars  and  not  njore  than  five  hundred  ($500.00)  Petiaity. 
dollars,  or  be  imprisoned  in  the  penitentiary  for  one  year, 
or  both  in  the  discretion  of  the  court.     [97  v.   107.] 

12      E.   L. 


Penalty    for 
unlawful   vot- 
ing. 


178 


OHIO    ELECTION    LAWS. 


Witness  testi- 
fying shall  te 
exempt'  from 
prosecution. 


Sec.  3.  In  any  prosecution  brought  under  this  act, 
when  any  person  is  called  to  testify,  he  shall  be  required 
to  testify  to  all  the  facts  of  which  he  has  any  knowledge 
and  upon,  so  testifying  he  shall  be  deemed  acquit  of  any 
guilt  as  to  the  matters  to  which  he  has  so  testified,  and 
the  fact  that  he  has  so  testified  shall  forever  be  a  bar  to 
any  prosecution  brought  against  him  for  violating  this 
statute  as  to  such  case  or  circumstance  to  which  he  may 
have  been  required  to  testify.     [97  v.   107.] 


OHIO    ELECTIOX    LAWS. 


179 


VOTING  MACHINES. 


(2966-54.)  Sec.  I.  That  any  body  or  board  of  public 
officials,  or  any  officer  or  officers,  charged  by  law  with  the 
duty  of  providing  material  and  supplies  for  holding  an  elec- 
tion or  elections  in  any  city,  village,  town,  precinct,  or 
other  civil  division  of  the  state,  may  at  any  general  or 
special  election  subriiit  a  proposition  to  the  qualified  vot- 
ers thereof,  to  adopt  a  voting  machine  or  voting  ma- 
chines, and  whenever  a  majority  of  the  electors  of  any 
said  city,  village,  town,  precinct  or  other  civil  division 
voting  upon  said  proposition  shall  have  declared  therefor 
may  purchase  voting  machine  or  "machines  for  use  at  any 
or  all  ef  the  election  districts  for  which  he,  it  or  they  are 
by  law  charged  with  the  duty  of  providing  with  material 
and  supplies  for  holding  an  election,  at  the  expense  of 
the  city,  village,  town,  county,  precinct,  or  other  civil  di- 
vision of  the  state  now  chargeable  by  law  with  the  ex- 
penses of  the  material  and  supplies  for  holding  general 
elections  in  such  election  district  or  districts.  Provided, 
however,  that  no  such  voting  machine  shall  be  used,  pur- 
chased or  adopted  until  the  commissioners  hereinafter 
provided  for,  or  a  majority  thereof,  shall  have  made  and 
filed  their  report  certifving  that  they  have  examined  such 
machine ;  that  it  affords  each  elector  an  opportunity  to 
vote  in  absolute  secrecy ;  that  it  enables  each  elector  to 
vote  a  straight  party  ticket ;  that  it  enables  each  elector 
to  vote  a  ticket  selected  in  part  from  the  nominees  of  one 
party,  and  in  part  from  the  nominees  of  any  or  all  other 
parties,  and  in  part  from  an  independent  nomination,  and 
in  part  of  persons  not  in  nomination  by  any  party  or  upon 
any  independent  ticket :  that  it  enables  each  elector  to 
vote  a  written  or  printed  ballot  of  his  own  selection,  for 
any  person  for'  any  office  for  which  he  may  desire ;  that 
it  enables  each  elector,  if  he  so  desires,  to  cast  one  w-ritten 
or  printed  ballot  of  his  own  selection  for  all  the  officers 
for  whom  he  is  entitled  to  vote  at  such  election ;  that  it 
affords  each  elector  an  opportunity  of  voting  for  all  the 
candidates  for  whom  he  is  entitled  to  vote,  and  absolutely 
prevents  his  voting  for  any  candidate  more  than  once ;  and 
that  it  also  prevents  the  elector  voting  for  more  than  one 
person  for  the  same  office,  unless  he  be  lawfulh'  entitled 
to  vote  for  more  than  one  person  for  that  office,  and  in 
that  event,  it  admits  of  his  voting  for  as  many  persons  for 
that  office  as  he  is  by  law  entitled  to  vote  for,  and  no 
more,  at  the  same  time  preventing  his  voting  for  the 
same  person  twice :   that  the  machine  is  so  constructed  that 


Submission  of 
question  as  to 
use  of  voting 
machines     in 
elections. 


Machine  to  be 
approved    by 
commission; 
requirements 
of  machine. 


180 


OHIO    ELECTION    LAWS. 


Commission  to 
examine  vot- 
ing machines; 
duties    and 
powers. 


Certificate  to 
be  filed  with 
secretary  of 
state. 

Machine   must 
meet  statu- 
tory require- 
ments. 


How   nomina- 
tions shall  ap- 
pear  on  ma- 
chine;   gen- 
eral  require- 
ments of  ma- 
chine  to  en- 
able elector  to 
vote   for  his 
choice. 


an  elector  may  be  permitted  to  vote  for  a  candidate  for 
whom  he  may  be  lawfully  entitled  to  vote,  ■  and  excluded 
from  voting  upon  any  question  upon  which  he  may  not 
be  lawfully  entitled  to  vote ;  that  such  machine  admits  of 
the  enjoyment  of  each  elector  of  his  full  right  and  priv- 
ilege in  the  exercise  of  the  elective  franchise  under  the 
constitution  and  laws  of  this  State ;  that  the  machine  is 
supplied  with  a  booth  so  arranged  that  the  operation  of 
the  machine  by  the  elector,  when  voting  cannot  be  seen, 
observed  or  known  by  any  other  person,  unless  such  other 
person  be  inside  the  booth  at  the  same  time ;  that  such  ma- 
chine, properly  operated,  will  correctly  register  every  vote 
cast;  that  the  machine  is  constructed  of  such  material  that 
when  properly  cared  for,  there  is  little  or  no  danger  of  its 
utility  being  impaired  by  any  of  the  parts  becoming  rusted 
or  corroded ;  that  the  machine  may  be  safely  and  conven- 
iently used  by  eight  hundred  electors  in  any  one  election 
'district  during  the  time  allowed  for  .holding  a  general  elec- 
tion thereon.      [94  v.  309.] 

(2966-55.)  Sec.  2.  The  present  governor,  secretary 
of  state  and  attorney-general  and  their  successors  in  office 
are  hereby  created  and  made  commisioners  to  examine  vot- 
ing machines,  and  to  make  a  report  and  certificate  thereon, 
and,  for  such  purpose,  they  are  hereby  authorized  to  em- 
ploy such  assistance  as  they,  or  a  majority  of  them,  may 
deem  advisable,  and  the  expenses  thereof  shall  be  payable 
out  of  any  funds  of  the  state  not  otherwise  appropriated. 
The  examination,  report,  or  certificate  of  such  commis- 
sioners, or  a  majority  thereof,  above  provided  for,  shall 
not  be  required  of  each  individual  machine,  but  of  every 
particular  kind  of  machine  before  its  adoption,  use  or  pur- 
chase as  herein  provided.  The  certificate,  when  made  by 
said  commissioners,  or  a  majority  thereof,  shall  be  filed 
in  the  office  of  the  secretary  of  state.     [93  v.  278.] 

(2966-56.)  Sec.  3.  The  voting  machine  or  machines 
to  be  used,  adopted  or  purchased  as  herein  provided,  must 
be  so  constructed  as  to  meet  all  requirements  specified  in 
this  act.     [93  V.  278.] 

(2966-57.)  Sec.  4.  Party  nominations  shall  be  ar- 
ranged on  each  voting  machine  either  in  columns  or  hori- 
zontal rows.  Ballot  captions  of  cardboard  or  paper,  which 
shall  have  printed  thereon,  in  plain,  clear  type,  the  party 
or  other  lawful  designation  of  the  nominee,  amendment  or 
other  proposition  submitted  to  vote,  shall  be  so  placed  on 
said  machines  as  to  indicate  to  the  voter  what  lever,  push, 
knob,  key,  or  other  device  is  to  be  used  or  operated  in 
order  to  vote  in  accordance  with  his  choice.  Such  ma- 
chines shall  also  be  provided  with  a  printed  ballot  or 
cardboard,  upon  which  shall  be  printed  in  plain,  clear  type 
the  name  of  the  office  and  the  name  of  the  candidate  or 
nominee  therefor,  or  a  concise  statement  of  the  amend- 


OHIO    ELECTION    LAWS. 


181 


ment,  or  question,  or  proposition,  to  be  voted  upon.  And 
these  shall  be  placed  upon  such  machines  in  such  man- 
ner as  to  enable  the  voter  to  readily  vote  in  accordance 
with  his  choice.  The  irregular  device  shall  be  provided 
with  similar  cardboard  or  printed  paper,  except  that  the 
name  of  the  candidate  shall  not  be  printed  thereon;  and 
the  same  shall  be  so  placed  on  said  machine  as  to  show 
to  the  voter  where  to  deposit  the  ballot  for  any  person  for 
a  particular  office.  If  two  or  more  persons  are  to  be 
elected  to  the  same  office,  for  diflferent  terms,  the  term 
for  which  each  is  to  be  elected  shall  be  designated  on  such 
machines  as  above  provided.       [93  v.  279.] 

(2966-58.)  Sec.  5.  Every  part  of  the  polling  place 
shall  be  in  plain  view  of  the  election  officers,  including  the 
watchers,  if  any,  except  that  the  operation  of  the  machine 
by  the  -elector  shall  be  obscured  as  herein  provided.  It 
shall  be  placed  at  least  three  feet  from  every  wall  or  par- 
tition of  the  room,  and  at  least  three  feet  from  the  outer 
guard-rail,  and  at  least  four  feet  from  the  judge's  table. 
Guard-rails  shall  be  constructed  at  least  three  feet  from 
the  machine,  with  openings  to  admit  electors  to  and  from 
the  machine,  and  no  person  shall  be  permitted  within  such 
guard-rails  except  to  enter  the  booth  for  the  purpose  of 
voting.  But  one  person  shall  be  permitted  within  such 
booth  at  a  time  except  that  a  disabled  elector  may  be  fur- 
nished such,  assistance  and  in  such  manner  as  is  now  or 
may  hereafter  be  authorized  by  law,  and  not  otherwise. 
[93  V.  279.] 

(2966-59.)  Sec.  6.  The  party  emblem,  if  any  is  in 
use  in  the  state,  shall  be  placed  at  the  head  of  the  party 
ticket  in  such  manner  as  to  be  easily  seen;  and,  in  presi- 
dential elections,  such  machine  may  be  provided  in  each 
column  or  horizontal  line  of  party  nominations  with  a 
separate'  push  knob,  lever,  key  or  other  device,  shall  be 
counted  for  each  and  every  one  of  the  candidates  for  presi- 
dential elector  of  such  political  party.  And  in  each  column 
or  horizontal  line  may  be  one  lever,  push  knob,  key,  or  other 
device,  with  a  label  as  above  provided,  with  the  name  of 
the  party  and  the  words  "straight  ticket"  printed  thereon 
in  plain,  large  type ;  and  the  operation  of  such  lever,  push 
knob,  key  or  other  device,  shall  vote  the  entire  ticket,  in- 
cluding presidential  electors.     [93  v.  279.] 

(2966-60.)  Sec.  7.  The  officer  or  officers  now  charged 
by  law  with  the  duty  of  furnishing  such  election  districts 
with  ballots  shall  furnish  each  polling  place  using  such  ma- 
chine with  all  ballots,  ballot  captions,  cards,  counter  la- 
bels and  instruction  cards  herein  required ;  and  the  same 
shall,  on  Saturday  next  preceding  the  election  at  which 
they  are  to  be  used,  be  delivered  to  the  clerk  of  the  city, 
village,  town,  or  precinct  where  the  same  are  to  be  used, 
or  to  such  other  officer  in   such  cilv,  town  or  village  to 


Election  offi- 
cers to  have 
view  of  entire 
polling  place 
except  opera- 
tion of  ma- 
chine; loca- 
tion of  ma- 
chine. 


Guard-rails ; 
how    con- 
structed;   who 
to  be  admitted 
within. 


Party  em- 
blem ;  how 
placed. 


Arrangement 
for  voting  for 
presidential 
electors. 


"Straight 
ticket." 


Delivery    of 
ballots,   ballot 
captions, 
cards,  counter 
laSels,  and  in- 
struction cards 
for  use  in  con- 
nection   with 
machine. 


182 


OHIO    ELECTION    LAWS. 


Precaution  to 
be   taken   be- 
fore voting 
begins. 


Length  of 
time  voter 
permitted    to 
remain   within 
booth. 


Closing    of 
polls;   machine 
to  be  locked; 
counting  com- 
partment to  be 
opened  in 
presence    of 
authorized 
persons. 


Counting  and 
announcement 
of  votes. 


Judges    re- 
quired to   sign 
returns  before 
leaving   room 
or    locking 
counting  com- 
partment. 

Returns  to  be 
read ;  compar- 
ison of  results. 


Services    of 
ballot    clerk 
dispensed 
with. 


Tampering 
with ,    impair- 
ing,  or  at- 
tempting  to 
impair  ma- 
chine; penalty. 


whom  ballots  are  now  required  by  law  to  be  delivered.     [93 
V.  280.] 

(2966-61.)  Sec.  8.  Before  any  voting  is  done  on  any 
such  machine  or  machines,  all  the  counters  shall  be  placed 
so  as  to  register- "O,"  and  shall  not  be  again  changed  ex- 
cept as  it  is  done  by  the  electors  in  voting.      [93  v.  280.] 

(2966-62.)  Sec.  9.  No  voter  shall  remain  with  the 
voting  machine  booth  longer  than  one  minute,  and  if  he 
shall  refuse  to  leave  the  said  machine  after  the  lapse  of  one 
minute,  he  shall  be  removed  by  the  judges.     [93  v.  280.] 

(2966-63.)  Sec.  10.  As  soon  as  the  polls  are  closed 
the  ballot  machine  shall  l^e  locked  against  voting,  and  the 
counting  compartment  opened  in  the  presence  of  the 
watchers  and  all  other  persons  who  may  be  lawfully  within 
the  room  or  voting  place,  giving  full  view  to  the  dial  num- 
bers announcing  the  votes  cast  for  each  candidate,  and  for 
or  against  the  various  constitutional  amendments,  questions 
or  other  propositions.      [93  v.  280.] 

(2966-64.)  Sec.  II.  The  judges  shall  then  add  to- 
gether the  votes  cast  for  each  candidate,  and  ascertain  the 
number  of  votes  each  has  received,  and  particularly  an- 
nounce the  total  vote  for  each  candidate  thus  ascertained. 
Before  leaving  the  room  or  voting  place,  and  before  clos- 
ing and  locking  the  counting  compartment,  the  fudges  shall 
make  and  sign  written  statements  or  returns  of  such 
election,  as  now  required  by  law,  except  that  they  shall 
not  be  required  to  attach  any  ballots,  official  or  defective, 
thereto.  The  written  statements  or  returns  so  made,  after 
having  been  signed  by  the  judges,  shall  be  distinctly  and 
clearly  read  in  the  hearing  of  all  persons  present,  and  ample 
opportunity  given  to  compare  the  results,  so  certified  with 
the  counter  dials  of  such  machines.  After  such  compari- 
son and  correction,  if  any  is  made,  the  judges  shall  then 
close  the  counting  compartment  and  lock  the  same.  [93 
V.  280.] 

(2966-65.)  Sec.  12.  No  ballot  clerk  shall  be  elected 
or  appointed  in  any  town  or  city  that  shall  have  adopted 
the  use  of  the  voting  machine.     [93  v.  280.] 

(2966-66.)  Sec.  13.  Any  person  who  shall  tamper  or 
attempt  to  tamper  with  any  such  machine  or  machines,  or 
in  any  manner  intentionally  impair  or  attempt  to  impair 
its  use,  and  any  person  who  shall  be  guilty  of  or  attempt 
any  dishonest  practice  upon  any  such  machine,  or  with  or 
by  its  use,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
punishable  by  a  fine  not  exceeding  one  thousand  dollars,  or 
by  imprisonment  not  exceeding  five  years,  or  by  both  such 
fine  and  imprisonment.     (93  v.  280.] 


OHIO   ELECTION    LAWS. 


18-^ 


(2966-67.)  Sec.  14.  All  the  provisions  of  the  elec- 
tion law  not  incons'istent  w4th  this  act  shall  apply  to  all 
elections  in  the  precincts  where  such  voting  machines  are 
used.  And  any  provisions  of  law  which  conflict  with  the 
use  of  such  machine  or  machines  as  herein  set  forth  shall 
not  apply  to  the  precinct  or  precincts  in  which  an  election 
is  conducted  by  use  of  said  ballot  machine  or  voting  ma- 
chine ;  provided,  that  in  lieu  of  the  submission  of  the  ques- 
tion to  the  qualified  electors  in  any  city,  village,  town,  pre- 
cinct, or  other  civil  division  of  the  state,  of  adopting  a 
voting  machine  or  machines  therein,  as  provided  for  in 
section  one  of  this  act,  as  amended  April  16,  1900  (94  O. 
L.,  308),  it  shall  be  the  duty  of  any  body  or  board  of  pub- 
lic officials  or  any  officer  or  officers,  or  board  of  elections, 
or  deputy  state  supervisors  of  elections,  charged  by  law 
with  the  duty  of  providing  materials  and  supplies  for 
holding  an  election  or  elections,  upon  presentation  of  a 
petition  signed  by  sixty-five  per  centum  of  the  electors  of 
any  precinct,  ward,  township,  village,  city  or  county,  vot- 
ing at  the  last  preceding  general  election,  praying  for  the 
adoption  of  a  voting  machine  or  machines  to  be  used  at 
all  the  voting  or  polling  places  in  such  precinct,  ward, 
township,  village,  city  or  county,  to  ascertain  and  declare 
whether  or  not  sixty-five  per  centum  of  such  electors  have 
signed  such  petition,  by  comparing  the  names  of  such  pe- 
tition with  the  poll-books  of  such  election,  if  the  same 
have  been  preserved,  otherwise  upon  satisfactory  evidence. 
And  if  it  appear  that  six;ty-five  per  centum  of  such  electors 
have  so  signed  such  petition,  a  voting  machine  or  ma- 
chines shall  thereupon  be  deemed  adopted  for  use,  and 
shall  be  used,  at  all  elections  thereafter  to  be  held  in  all 
the  voting  or  polling  places  in  such  precinct,  ward,  town- 
ship, village,  city  or  county.  And  thereupon  such  body  or 
board  of  public  officials,  or  any  officer  or  officers,  or  board 
of  electors,  or  deputy  state  supervisors  of  elections,  so 
charged  by  law  with  the  duty  of  providing  materials  and 
supplies  for  holding  elections  in  any  such  precinct,  ward, 
township,  village,  city  or  county,  may  purchase  and  pro- 
vide such  voting  machine  or  machines,  the  cost  of  which, 
when  purchased  and  provided  by  any  board  or  officer  of  a 
city  shall  be  borne  and  paid  by  any  such  city,  out  of  its 
general  revenue  fund,  upon  vouchers  of  such  board  or 
officer,  made  and  certified,  if  by  a  board,  by  the  president 
and  secretary  thereof,  and  if  by  an  officer,  by  such  officer, 
which  shall  be  allowed  by  the  city  comptroller,  city  audi- 
tor, or  director  of  accounts,  in  cities  having  such  officers, 
and  in  other  cities  by  the  city  clerk  or  other  accounting 
officer,  and  upon  his  warrant  paid  by  the  treasurer  of  any 
such  city;  and  when  purchased  and  provided  by  any 
board  or  officer  of  a  county,  shall  be  paid  out  of  the  gen- 
eral fund  of  the  county  treasur}^  upon  the  written  ap- 
proval of  a  majority  of  the  county  commissioners,  upon 


Application   of 
existing  laws;, 
conflicting 
laws  not  to 
apply. 


Provision    for 
adoption   of 
voting  ma- 
chine   upon 
petition  of 
sixty-five    per 
cent  of  elec- 
tors. 


184  OHIO    ELECTION    LAWS. 

vouchers  of  such  board  of  officers,  made  and  certified,  if 
•by  a  board,  by  the  president  and  secretary,  and  if*  by  an 
officer,  by  such  officer.  Upon  presentation  of  such  voucher 
or  vouchers  the  county  auditor  shall  issue  his  warrant 
upon  the  treasurer  for  the  amount  thereof,  and  the  treas- 
urer shall  pay  the  same.  Such  vouchers  shall,  in  all  cases, 
be  paid  in  the  order  of  priority  with  respect  to  the  pre- 
sentation of  claims  against  such  general  funds.  [95  v. 
420.] 

"A  writ  of  mandamus  to  compel  a-  board  of  elections  to  grant 
the  petition  of  sixty-five  per  centum  of  the  electors  of  a  voting 
precinct  for  the  providing  of  a  voting  machine  for  their  precinct, 
under  the  provisions  of  95  O.  L.  420,  will  not  be  issued,  where  it 
does  not  appear  that  there  are  funds  on  hand  applicable  to  pay- 
ment for  such  a  machine,  or  that  the  board  has  been  derelict  in 
providing  by  proper  l^vy  a  fund  applicable  to  such  purpose." 

State  Ex  rel.  Fauger  v.  Board  of  Elections,  24  O.   C. 
C.  654. 


INDEX. 


PAGE 

ABSTRACT  OF  VOTES— (See  Deputy  State  Supervisors  of  Elections.) 

Constitutional  amendments,   on 166 

County  officers  and  members  of  the  general  assembly;  fees 37 

Presidential  electors  38 

State,    judicial   and   county  officers,    representatives    in   congress   and 

members  of  thf  general  assembly 158 

Turnpikes,   on  question  of  general  tax  for 73 

ADHESIVE  SLI PS- 
Vacancy  after  printing  of  ballots,   in  case  of 133 

ADVERTISEMENT— (See  Notice.) 

ALIEN— 

Naturalization   of,    procedure 4-10 

AMENDMENT— 

Constitutional ;    manner  of   submission 165-167 

Constitutional;  return  of  vote  cast  for  or  against,   abstract  and  can- 
vass of  vote ;  publication ,   etc 166 

Form  of  ballot ;  action  on  by  political  party 165 

ANNEXATION— 

Municipal  corporation,   one  to  another;  election  on  question  of 26 

ARMY— (See  Military  Service.) 

ARREST— 

Electors ,  when  privileged  from 15 

Loitering  near  polls,   for 119 

ASSESSORS — (See  Township  Officers.) 

Election  of,    when  precinct  divided 75 

Municipalities  divided  into  wards _ 27 

Townships',  certain,  assessor  districts  in 27 

BALLOT— 

Assistance   in   marking 149 

Bonds  for  enlarging,   improving  or  extending  natural  gas  works,    in 

submission  of  question  of  issue  of 35 

Bonds  for  township  and  municipal  purposes,  in  submission  of  question 

of  issue  of 32 

Burned  after  count Ill,   151 

Canvassing,  entering  and  enumerating,   manner  of 151 

Casting  of — 

Folding  of,    by  elector 148 

Receipt  and  deposit  of,  by  election  officer -. 148 

S^condarj-  stub,   detaching  and  examination  of 149 

Counted ,  when  not  to  be,  for  certain  office 147 

Counting  of,  in  cities  having  registration 109 

Custody  or  delivery  of,   offenses  pertaining  to;  penalty 153 

Deceiving  an  elector  who  cannot  read ;  penalty 171 

Delivery  of,    to  election  officers 137 

Deposited  and  '  counted ,    permitted  to  be 149 

Destroying ;   penalty    172 

Destroying,  defacing,   removing,  hindering  delivery,  etc.;  penalty....  153 

Destruction  of  counted  and  excess 109 ,   151 

Devise  to  designate  party  candidate 134 

Disputed .    preservation   of '. 152 

Distributing,   or  having  in  polling  room ;  penalty 117 

185 


186  IXDKX. 

BALLOT — Concluded.  page 

Elections ,  all ,   shall  be  by 15 

Extra  and   unofficial .  138 

Form  and  contents  of 139 ,   142 ,  165 

Fraudulent   167 

Fraudulent  voting   171 

Fusion,  printing  of  name  of  candidate  on,   in  case  of 127 

Interference  with  elector  in  casting 119' 

Local  option  election  in  townships ,   for 42 

Local  option  election  in  municipalities 42-50 

Loitering  near  polls   during  receiving  and  counting  of,    etc 96,   119,  177 

Lost  or  destroyed ,    replacing  of 138 

Marking.,  or   printing,    distributing    or    voting   unlawfully    written    or 

printed 173 

Marking,    supplies  and  conveniences  for 144 

Packages,   sealing,   indorsement  and  delivery  of 136 

Permitting  unlawful,   in  ballot-box  ;  penalty 117 

Preparation  and  casting  of 145-148 

Offenses  pertaining  to 154,  155 

Preparation  of — 

Marking,   rules  for^ — 

Assistance   of   j  udges ; 149 

Black  lead  pencil,  all  marks  to  be  by 145 

Mixed  ticket 146 

Number  of  ballots  to  which  elector  entitled 145 

Question ,    submission  of 147 ,  165 

Straight   ticket    146 

Misleading  voter,   or  disclosing  how  he  voted;  penalty 154 

Substitution  of  name  of  person  not  on  ticket 147 

Voting  shelves ,  as  to  occupancy  of 146 

When  two  or  more  persons  to  be  elected  to  same  office 146 

Surplus '  marks    147 

Printing  of.   publication  of  notice  of  bids  for;  contracts  for 33,  88.  VM\ 

Printing  or  use  of,   offenses  pertaining  to;  penalty 153.  17;' 

Proof,    submission    of 13G 

Question,    separate   in   case  of   submission  of 140 

School  elections,   in ;  how  printed  and  marked. 5ii 

Sealing,    indorsement    and    delivery 88 .  lo(! 

Secondary  stubs,    detaching,    examination  and  destruction  of 149 

Substitution  when  no  nomination  made  or  name  of  nominee  omitted; 

marking  in  such  case 147 

Supplies  for  marking,    removing  or   destroying;   penalty 153 

Technicalities .    disregard    of 147 

Unlawful  to  have  in  polling  room  in  certain  cities 117 

Unlawfully  obtaining,  or  attempting  to  obtain,  possession  of;  penalty.  172 

Unvoted .   destruction  of 150 

Return  of,  by  elector  to  election  officer 149 

Vacancv  after  printing  of,   how  filled 133 

BALLOT-BOX— 

Arrangement  of  ^ 107.   108.  144 

Board  of  educat'on  separate,   in  election  for  members  of 59 

Custodian   of   ^^-  ^^ 

Destroying ;   penalty    1*2 

Inspection  of .  before  ODcning  of  polls ,  etc 107 ,  1 19 

Judge   removing ;   penalty •  •  •  •  I'^l 

Location  of,  on  election  day,   in  cities 'lOS 

Opening  of    '. 109.  ini^ 

Purchase  and  care  of ^^-  '■^^' 

Seoarate.  in  case  of  stibmission  of  question 1_t'^ 

Unlawfully  obtaining,  or  attempting  to  obtain,  possession  of;  penalty.  1  -  - 

Women ,    separate   for *i'^ 

BETTING— 

Elections,    on,    unlawful ;   penalty .' ^^^ 


INDEX.  187 

BLANKS—  PAGE 

Custody  or  delivery  of,    offenses  pertaining  to ;  penalty 153 

Delivery  of,   to  election  officers 137 

Forms   for    '. 125 

Lost  or  destroyed ;  replacing  of 138 

BOARD  OF  CANVASSERS— (See  Canvass.) 
BOARD  OF  EDUCATION— 

Ballot,   how  to  be  printed ;  marking  of 59 

Ballots   for ,    in  election  precincts 136 

Centralization ,    duty   in    relation   thereto o6 

City   districts 60-63 

Elections,   levy  for  expenses  of 135 

High  school ,  official  district  for 71 

Return  and  canvass  of  votes  for  members  of 89 

Schoolhouse,   levy  of  tax  and  issue  of  bonds  for 71 

Schools,  submission  of  question  of  additional  levy  for 72 

Special  districts 67-70 

Township   districts    64-65- 

Village  districts   63 

Women ,    rights   of -. 60 

BOARD  OF  ELECTIONS— (See  Deputy  State  'Supervisors.)       - 
BONDS— 

Municipal,    purposes  for  which   may  be  issued;   tax   for  redemption; 

submission  of  question  to  voters. 29-35 

Schoolhouse,   submission  of  question  of  issue  of 71 

Township,    purposes   for  which  may  be  issued;   tax   for   redemption; 

submis.«ion  of  question  to  voters 29-35 

Turnpikes,   for  -. •        73 

BOOTHS  -AlND  GUARD-RAILS— 

Furnishing:   care,    arrangement:   number  of  voting  shelves,    etc 88,  143 

BRIBERY— 

Delegates  or  -electors ,    of :   penalty 169 

Forfeiture  of  elective  franchise  by  reason  of  conviction  of 15 

Giving   bribe  :    penalty 169 

Competent  witness  in  procesution  for 157 

Forfeiture   of   office    for . .  .■ 157 

Intimidating  voter  bv    (U.   S.  law) 10 

Primary  election  :  offering  bribes  to  voters  at ;  penalty 169 

Receiving   bribe  :    penalty 156 

Comoetent  witness  in  prosecution  for 157 

Disfranchisement  for 157 

CANDIDATE— (See  Nomination.) 

Bribery  of  delegate  or  elector ;  penalty 169 

Ineligible  to  serve  as  judge  or   clerk 125 

Nominee  bv  petition ,    substitution   of 125 

Other  political  party,   of,    substitution  of 125 

Primary  election,  offering  bribe  at :  penalty 169 

Substitution   of  name   and   marking  of  ballot   when   regular   nominee 

omitted   .' j 147 

CANVASS— 

Abstracts  by  deputy  state  supervisors  of  elections ?<9 .    15"^ 

Board  of  education,   of  vote  for  members  of, 89 

City  board  of  canvassers,    constitution  and  duties  of 114 

Constitutional  amendment,   vote  on,  of 166 

Tudges  and  clerks  of  election .   by 15' 

Justices  of  the  peace,   of  vote  for 89 

Loitering  near  polls  during 9').   119 

Municipalities .    of  vote  in 28 ,  89 .   1 1  '• 

Municipal  officers,    of  vote  for ^^ 

Presidential  electors,   of  return  for .-S 

Primary  elections ,   of  result  of 1 75 

Special  election ,  of  vote  of  certain  officers  voted  for  at 1  .^9 


188  INDEX. 

CANVASS— Concluded.  page 

Township  officers ,    of  vote   for -. 89 

Turnpikes ,  of  vote  on  question  of  general  tax  for 73 

CARDS  OF  INSTRUCTION— 

Custody  or  delivery  of,   offenses  pertaining  to ;  penalty 153 

Defacing ,    removing ,    etc. ;    penalty 153 

Delivery  of,   to  election  officers 137 

Forms   for    , 125 

Lost  or  destroyed,  replacing  of 138 

Placed ,    where  to  be 138 

Printing  of,  publication  of  notice  of  bids  for ;  contracts,   etc 88,   136 

CERTIFICATE  OF  ELECTION— 

Special  election,   of  certain  officers  at 159 

Circuits  and  districts ,'   in 159 ,   163 

County  officers  and  members  of  the  general  assembly.... 37,  40 

Deputy   state   supervisors   to   issue 37,  40,  88,   163 

Presidential  electors 37 

State,    judicial  and  county  officers  and  justices  of  the  peace,   fees....  40 

CERTIFICATE  OF  NOMINATION— 

Contents   of,    etc • 126-128 

Defect   in ,    manner  of  correcting 133 

Device  to  designate  party  candidates 134 

District  or  circuit,    in,    decision  of  questions  as  to 131 

Filing  of ;  objections  to ;  validity  of,   etc 88,   130 

Forms   for    125 

Objections   to  validity : 130 

Ofifenses  pertaining  to  ;   penalty 153 

Preservation  and  inspection  of 130 

Transmission   of   certified   copies 88,   134 

CHALLENGE— 

Challengers,   party,   designation,   rights,   privileges  and  oaths  of,   etc.. 107,   144 

Elector  may ,    when 122 

Judges  of  election  shall ,    when 122 

Proceedings  of  judges  upon 122-124 

Oath  of  challenged  person 109,  122,   124 

Primary  election ,    at 176 

Questions  to  be  put  by  judges 123 

Registration    law,    under ; 100,  101,   107 

Rej  ection  of  vote 124 

"Sworn , "  entry  of,   on  poll-book 124 

Who  mav    145 

CHALLENGER— (See  Challenge.) 

CHIEF  DEPUTY — (See  Deputy  State   Supervisors  of  Elections.) 

CHIEF  SUPERVISOR— (See  Supervisors  of  Elections.)    ^ 

CHILDREN-  - 

Born  abroad ,  as  to  citizenship  of 3 

CIRCUIT— 

Abstracts  and  certificates  of  election  in 159,   163 

Certificates  of  nomination  and  nomination  papers — 

Decision  of  questions  as  to 131 

Defect   in ,    manner  of  correcting 133 

Filing  of 130 

Objections   to    131 

Transmission   of  certified   copies 134 

CITIZENSHIP— (See  Elector.) 

Ohio  constitution ,   qualifications  of  electors 15 

Forfeiture   of  citizenship 15 

United   States  laws — 

Citizens ,   who  are 3 

Expatriation .    right   of ,    declared 4 

Forfeiture   of    - 3 .   4 

Exemption    from   forfeiture ._ 3 

Naturalized  citizens,   protection  of,   in  foreign  countries 4 

Race,   color,  or  previous  condition  not  to  affect  right  to  vote 4 


INDEX.  189 

CITY — (See  Municipal  Ccwporations  ;  Registration.)  page 

CITY  BOARD  OF  CANVASSERS— (See  Canvass.) 

CITY  BOARD  OF  ELECTIONS— (See  Deputy  State  Supervisors.) 

CIVIL  RIGHTS— 

Conspiracy  to  injure  or  intimidate  citizens  in  the  exercise  of 10,  11 

Depriving  citizens  of,   under  color  of  state  laws 11 

Marshal  refusing  to  receive  or  execute  process 11 

Obstructing  execution  of  process   in  civil  right  cases 11 

CIVIL  TOWNSHIP- 

Elections  in .    conduct   of ,    etc 19-23 

CLERK — (See  Deputy  State  Supervisors  of  Elections.) 
CLERK  OF  MUNICIPALITY— 
Ballot— (See  Ballot.) 

Ballot-boxes ,    duty  as  to 90 

Booths ,  guard-rails ,   etc. ,   duty  as  to 143 

Canvass  of  vote   for  municipal  officers 89 

Expenses  of  elections  in  municipality  situated  in  two  or  more  counties, 

apportionment  of    135 

CLERKS  OF  ELECTION— 

Appointment ;  term  :  apportionment  politically ;  vacancy ;  compensation ; 

removals    85 

.     Ballot— (See  Ballot.) 

Canvassing,   entering  and  enumerating,   manr^er  of 151 

Misleading  voter  or  disclosing  how.  he  voted:  penalty 154 

Preparation  and  casting  of 145-149 

Result,   certified  copies  of 151 

Candidate  ineligible  to   serve 125 

Challenge ,    may    , 144 

Compensation    85,   112,   138 

Duties ;  penalties  to  which  subject 88 

Misconduct  of :  penalty 171 

Oath 87 

Period  during  which  shall  not  separate  nor  leave  polling  place  under 

penalty    152 

Primary  election,  selection,  duties  and  compensation  at 175 

Registration,   in  cities  having — 

Appointment :   term  :  qualifications ;   oath 94 

Certificate  of  appointment 96 

Certificate   of   result    for   board   of   deputy   state   supervisors   and 

witness    105 

Certificate  to  poll-book 109 

Compensation  ;  how  paid • t 94,   112,   138 

Examination,    appearance   for;   penalty   for   failure  to  appear,    or 

refusal  or  neglect   to  qualify 95 

Exemption  from  jury  and  military  duty 96 

Proceedings  upon  close  of  polls 109-111 

Removal    95 

Substituted .   on  election  day :  notice 96 

Vacancy     95 

Return  of  vote  for  township  and  municipal  officers,  members  of  boards 

of  education  and  justices  of  the  peace 89 

Returns,   tally-sheets  and  poll-books,   making,   transmission  and  pre- 
servation of  152 

Supplies    for   conducting   elections,    offenses   pertaining   to   custody   or 

delivery  of ;  penalty .' 153 

"Sworn" .  when  to  enter  word  on  poll-book 124 

Term    85 

Vncancy    85 

Votes  cast .    certification  of 151 

COLOR— 

Right  to  vote ,  not  to  affect 4 

COMMISSIONS— 

Officers .    of :    fees 40 


190 


INDEX. 


COMMITTEE — (See  Executive   Committee.)  page 

COMMITTEEMAN— (See  Precinct  Committeeman.) 

COMPENSATION— (See  Fees.) 

CONGRESS— 

Representative  in,   election  and  term  of . 36 

Vacancy,   special  election  to  fill 36 

Abstracts   in   such  case 162 

CONSPIRACY— 

Civil   rights,    to  injure  or  intimidate  citizens   in  the  exercise  of 10,    11 

Office  under  United  States,  to  prevent  accepting  or  holding 12 

Protection  of  the  laws,  to  deprive  any  person  of  equal 12 

CONSTABLE— 

Election  ;    term ,    etc 20 

Loitering  near  polls ,    duty   as  to 119 

Notice  of  annual  township  election,    to  serve 20 

Obey  and  aid  judges  of  election,   shall ;  penalty 97 

CONSTITUTIONAL  AMENDMENT— 

Action   on  by  political   party,    etc.,    return   of  vote   on;    abstract   and 

canvass  of  vote  ;  publication,    etc " 165-167 

Manner  of  submission ;   printing  on  ballots 165-166 

CONTEST  OF  ELECTION— 

Presidential  electors ,    of 37-39 

CONTRACT— 

Printing .    for 136 

CONVENTION— (See  Candidate.) 

Bribery  of  delegate  at ;  penalty 169 

Proxies,    unlawf'ul    in 17u 

CONVICT— 

Incompetent   to   be   an   elector  or   hold    office ;    restoration    of    rights ; 

penalty    168,   17(i 

COSTS 

Defrayed,    how 94,   112,   113,   135 

COUNCIL— (See  Municipal  Officers.) 

Bonds,  municipal,  purposes  for  which  may  issue;  tax  for  redemption; 

submission  of  question  to  voters 29-35 

Levy  for  expenses  of  elections 135 

Places  of  holding  elections 27,  75 

Registration  of  electors,    may  provide  for 118 

Turnpikes,    bonds   and  tax   for 74 

COUNCILMAN— (See  Council.) 

COUNTY— 

Question ,    submission   of  to   voters 164 

COUNTY  BOARD  OF  CANVASSERS— (See  Canvass.) 

COUNTY  COMMISSIONERS— (See  County  Officers.) 

Levy  for  expenses  of  elections 83 ,   135 

Notice  of  election  in  civil  townships,   to  give 19 

Organization  of  original  surveyed  townships,   duties  as  to 17,   18 

Turnpikes,  questions  of  general  tax  for. 73 

COUNTY  ELECTIONS— 

Proclamation  and  time  of 35 

COUNTY  OFFICERS— 

Certificate  of  election  and  abstract  of  votes 40,   158 

Election  of,   proclamation  and  time  of 35 

Tie  vote  for,  to  be  determined  by  lot 37 

CRIMES  AND  OFFENSES— 
Ohio  laws- 
Ballot-  • 

Custody  or  delivery  of,  offenses  pertaining  to 153 

Destroying    172 

Marking  or  printing,  distributing  or  voting  unlawfully  written 

or  printed    173 

Possession  of,  unlawfully  obtaining  or  attempting  to  obtain.  .  172 


INDEX.  191 

CRIMES  AND  OFFENSES— Continued.  page 
Ohio  Laws — Continued. 
Ballot — Concluded. 

Preparation  and  casting  of,    offenses  pertaining  to 154 

Printing  or  use  of,   offenses  pertaining  to .-.  .163,   173 

Ballot-box — 

Destroying 172 

Possession  of,  unlawfully  obtaining  or  attempting  to  obtain.  .  172 
Ballots,    blanks,    poll-books,    cards   of   instruction,    etc.,    offenses 

pertaining   to   custody   or   delivery   of 153 

Betting  on  elections 168 

Briber}' — 

Delegates  or  electors ,    of 169 

Giving    bribe ;    competent    witness    in    prosecutions    for ;    for- 
feiture of  office  for ^ 155 ,   157 

Receiving  bribe ;  competent  witness  in  prosecution  for ;  dis- 
franchisement for 156 ,   157 

Certificates  of  nomination,  letters  of  withdrawal,  ballots,  cards  of 
instruction,   supplies  for  marking  ballot,   delaying  voter,  etc.; 

offenses  pertaining  to 153 

Clerks  of  election,  misconduct  of 171 

Misleading  voter,  or  disclosing  how  he  voted. 154 

Deceiving  an  elector  who  cannot  read 171 

Deputy  state  supervisor  of  elections  or  clerk,   violation,  neglect  or 

wrong  performance  of  duty,  or  disobedience  by 89 

Emplo3-er  refusing  employe  time  off  to  vote 157 

Felony,   incompetencv  of  person  convicted  of,  to  be  an  elector  or 

hold  office .' 168,   170 

Forfeiture  of  elective  franchise  for 15 

Fraudulent  voting   170 

Indictment,  how  election  is  averred  in;  what  counts  may  be  joined 

in 168 

Interfering  with  elector  in  casting  his  ballot 120 

Intimidating  voter,    or   impeding   or   preventing   free   exercise   of 

elective  franchise;  competent  witness  in  prosecution  for 156 

Intoxicating    liquors,    selling    or    giving    away,    or    keeping    place 

where  sold  open  on  election  day 168 

Judges  of  election,   offenses  by 171 

Misleading  voter  or  disclosing  how  he  voted 154 

Local  option,    violation  of  acts  providing 41,  42,  46,  53 

Loitering  near  polls , 96,   119 

Poll-book  and  tally-sheet — 

Custody  or  delivery  of,  offenses  pertaining  to 153 

Destroying    172 

Fraudulent    writing    on 172 

Possession  of  forged  or  altered,   with  fraudulent  intent 172 

Primary  elections — 

Attempting  to  intimidate  electors  or  judges  at 169 

Bribes ,  offering,  for  voters  at '      169 

Omissions  of  duty  and  fraudulent  voting ' .  169 

Proxies,    delegates  selected  giving 176 

Procuring  illegal  vote 170 

Procuring  an  elector  to  go  or  come  into  a  county  of  which  he  is 

not  a  resident  to  vote 170 

Prosecution  of  violation  of  election  laws 90,  155 

Prosecutions,  time  within  which  to  be  commenced 157,   173 

Public  officer,   violation,   neglect,   or  wrong  performance  of  duty 

or  disobedience ,  by 155 

Register,   damage  or  destruction  of 94 

Registrar  failing  to  perform  his  duties 94 

Registrar,   judge  or  clerk  of  election  failing  to  appear  for  exam- 
ination or  refusing  or  neglecting  to  qualify 94 

Registration  laws,    under    (See  Registration) 94-96,  113-118 


192  INDEX. 

CRIMES  AND  OFFENSES— Concluded.  page 
Ohio  Laws- — Concluded. 
Voting — 

Fraudulent    17u 

More  than  once  at  the  same  election 170 

Not  being  a  resident  of  this  state 170 

Not  being  a  resident  of  the  county  thirty  days. 170 . 

Not  being  a  resident  of  the  precinct  twenty  days 170 

Without  a  residence  of  one  year ;  not  being  twenty-one  years 

of  age ;  not  a  citizen  ;  convicted  of  crime  and  not  pardoned.  -   170 

Voting  machine,  tampering  with  or  impairing, 182 

United  States  laws — 

Armed  troops,  bringing  of,  to  places  of  election 12 

Civil   rights  cases,    obstructing  execution  of  process  in.. 11 

Conspiracy — 

Civil  rights,  to  injure  or  intimidate  citizens  in  the  exercise  of.  10,   11 

Equal  protection  of  the  laws  to  deprive  any  person  of '       12 

Office  under  United  States,  to  prevent  accepting  or  holding.  ...  12 

Depriving  citizens  of  civil  rights  under  color  of  state  laws 11 

Desertion   from   military  or   naval   service 3,   4 

Draft  into  military  or  naval  service,    avoiding 4 

Intimidating  voters  by  bribery  or  threats 10 

Marshal  refusing  to  receive  and  execute  process 11 

Naturalization,    violation  of  laws  in  reference  to 8-10 

Right    of    suffrage,    interference    with,     etc.,    by    army    or    naval 

officer 4,   11-13 

DELEGATE— 

Bribery  of ;  penalty '. . . .  169 

Proxy ,  may  not  appoint 176 

DEPUTY  MARSHAL^ (See  Marshal.) 

DEPUTY    STATE    SUPERVISORS    OF    ELECTIONS— (See    Regis- 
tration.) 

Abstracts  of  returns,  to  make  and  transmit 89,   166 

Abstract  of  votes — 

Certifying,    signing  and  depositing  of 160 

Circuits  and  districts ,    in 159 ,   163 

Congress,  in  election  to  fill  vacancy  in  office  of  member  of 162 

Constitutional  amendment,  on 166 

Copies ,  making  and  transmission  of  certified 162 

County  officers  and  members  of  the  general  assembly,  for;  fee.  ..  .  37 

Making,  time  and  manner  of 158 

Special  election,  for  certain  officers  voted  for  at 159 

State,  judicial  and  county  officers,  representatives  in  congress  and 

members  of  the  general  assembly,   for 159-163 

Validity  of  returns ,  as  to 160 

Appointment,   qualifications,   terms,   vacancies  and  removals 77-82 

Assessor  districts,   duties  not  interfered  with  by  act  providing  for....  27 

Assessors,    election  of,    when   precinct   divided 76 

.  Ballot— (See  Ballot.)' 

Disputed ,  preservation  of 152 

Extra  and  unofficial 139 

Proof,  submission  of 136 

Sealing,   indorsement  and  delivery  of 88,   136 

Ballot-boxes,   purchase  and  care  of 90,  93 

Ballots,   blanks,   poll-books,   tally-sheets,   etc.;   delivery  of 88,  137 

Lost  cr  destroyed ,   replacing  of 139 

Bond  of  bidder  for  printing • 137 

Bonds,    township  or  municipal,    duties  when  question  of  issue  of,   to 

be  submitted  to  voters 32 ,  34 

Booths,  guard-rails,  voting-shelves,  etc.,  furnishing,  care  and  custody 

of,  etc 88,   143 


INDEX.                 '    ^  198 

DEPUTY  STATE  SUPERVISORS  OF  ELECTIONS  —  Concluded.  page 

Certificates  of  election,    to  issue.-. 40,  89 

Circuits  and  districts,    in;   fee .40,  89,  159,  163 

County  officers  and  members  of  the  general  assembly  of;  fees.  .40,  89,  158 

Judicial  and  count}'  officers  and  justices  of  the  peace;  fees.... 40,  89,  158 

Special  election,  of  certain  officers  elected  at 159" 

Certificates  of  nominatioa  and  nomination  papers — 

Defect  in,  manner  of  correcting 13S- 

FiUng  of  88,  129 

Obj  ections  to  130- 

Transmission  of  certified  copies .' 88,  134 

Chief  deputies  and  clerks,  questions  to  be  decided  by 131 

Chief  deputy — 

Certificates  of  ncmination  and  nomination  papers,   filing  of 88,  129" 

Defect  in,  manner  of  correcting 13i 

Objection  to 131 

Transmission  of  certified  copies 88,  134 

Selection  and  term  of 83 

Clerk— 

'     Oath 87 

Power   to   administer ■ 88 

Organization ,   report  of    83 

Selection,  term  and  salary 83 

Violation,  neglect,  or  wrong  performance  of  duty,  or  disobedience 

by ;  penalt>^ 89 

Clerks  of  election,  appointment  of : .  removals ;  oath 85-87 

Compensation    85 

Creation  of  office 80 

Duties,    general    80,  88 

Duty,    violation,    neglect  or  wrong  performance  of.    or  disobedience; 

penalty    89 

Expenses  of  elections .    how  defrayed 135 

Forms  of  guidance^ 125 

Investigation  of  irregularities,  or  non-performance  of  duty  by  election 

officer ;    report ;    prosecutions 90 

Judges   of    elections,    appointment    of;     presiding    judge;     removals; 

oath 85-87 

Justice  of  the  peace,  result  of  election  for,  to  be  certified  to 89 

Laws   applicable   to  elections,    distribution   of 85 

Nominations — (See  above.  Certificates  of  Nominations  and  Nomination 

Papers)     .....: 88.  125-13? 

November  election .    returns  of 90' 

Oath ; 87 

Power  to  administer 86 

Organization ;    report  thereof 81 

Poll-book,  delivery  of,  at  polling  place 88 

Furnishing  of   90 

'               Paper  to  be  received  as 160 

Precinct,   division,    rearrangement .   combination  of.   etc. 75 

Printing,  notice  of  bids  for;    contracts;    bond  of  bidder,  etc 88,   136 

Qualifications    78 

Questions  to  be  submitted  to  state  supe/vfeor,  when. 88,  131 

Removals    79 

Returns  of  election,  to  receive,  make  abstracts  of ,  etc 89 

Sessions  , 81 ,  106 

Tally-sheets,    furnishing  of 90 

Tem>  of  office , 78 

Tie  votes  for  county  officers  and  members  of  the  general  assembly  to 

be  determined  by  lot 37 

Vacancy  in  office 78 

Vacancv  on  ticket,  manner  of  filling 138 

DEPUTY  STATE  SUPERVISORS   AND  INSPECTORS   OF  ELEC- 
TIONS— (See  Deput}'  State  Supervisors  of  Elections.) 

Appointment,  qualifications,   term,   vacancies,    etc 78 

Chief  deputy,  selection  and  terwi  of 81 

19*     E.  L. 


194  INDEX. 

DEPUTY  STATE  SUPERVISORS  AND  INSPECTORS   OF  ELEC-  page 

TIONS— Concluded. 

Clerk  and  deputy  clerk — 

Selection,  term  and  salary 8U,  83 

Compensation    88,   112 

Creation  of  office ^ 78 

Duties,    general    78,  85,  88 

Term   of   office 78 

Vacancies    78 

DESERTERS— 

Forfeiture  of  citizenship  by.- 3,  4 

Exemption    from   forfeiture •           3 

DEVICE— 

Party   candidates,    to   designate 134 

DISFRANCHISEMENT— 

Receiving  bribe ,   for  , 157 

DISQUALIFICATIONS— 

Office  under  United  States ,   for  holding .  '   13 

DISTRICT— 

Abstracts  and  certificates  of  election  in 158 ,   163 

Certificates  of  nomination  and  nomination  papers,    filing  of 88,   129 

Decision  of  questions  as  to , 88,   131 

Defect   in,    manner  of  correcting 133 

Obj  ections   to    130 

Transmission  of  certified  copies 88 ,   134 

DITCH  SUPERVISOR— 

Election  and  term  of 21 

DIVISION— 

Precincts ,    of 75 ,   76 

DRAFT— 

Citizenship,    forfeiture  of,   for  avoiding 4 

ELECTION  PRECINCTS— (See  Precincts.) 
ELECTIONS— (See  Various  Titles.) 
Ohio  laws — 

Arrest,  when  electors  privileged  from 15 

Ballot,  all  elections  shall  be  by 15 

Bonds  for  township  anj  municipal  purposes,   submission  of  ques- 
tion as  to  issue  of 32,  34 

Congressional,    time  of 35 

County,   proclamation  and  time,  of - 85 

Expenses  of,  how  defrayed;  levy  of  tax,  etc ". 84,  94,  112,   135 

Laws  applicable  to,  collation,  publication  and  distribution  of 85 

Local  option  in  municipalities 42-50 

-    Local    ootion ,    in    townships 41 

Municipal — 

First,  in  municipality 25,  27 

Officers,    of,    generally 27,  28 

Proclamation  of  mayor  as  to  sale  of  liquor 29 

Registration 91-118 

Surrender  of  corporate  rights,  to  determine  question  of 26 

Places  of  holding,  who  to  determine;    notice  in  certain  case.  ..  .27,  75,  93 

Presidential — (See  Presidential  Elections) 37-40 

Primary  173-178 

Public,    how  held  and  conducted ; 125 

Public  officers,   conduct  of  elections  of 125 

Registration   laws — (See   Registration) 91-118 

School — ^''See  School  ailections)  . . .- 59-72 

State,    proclamation  and   time   of 35 

Supervisory   laws    " 77-91 

Township — 

Annual ;   constable  to  post  notice  of,  etc 19.  20 

Civil,    in;    conduct  of,    etc 19-23 

Held,  when  and  how ;  returns  of 18,  83,  89 


INDEX.  195 

ELECTIONS — Concluded.  page 

Ohio   Laws — Concluded.  .  ♦ 

Township — Concluded. 

Officers  of ;  terms,  etc 20 

Orignial  surveyed,  in ;   conduct,  notice  of,  etc 17-19 

Place  of  holding,  township  trustees  to  fix 19 

Public  library,    for 22 

Returns  of 21,  89 

Turnpikes,  on  question  of  general  fax  for 73 

'Voting  machines,  purchase  and  use  of,   in 179-184 

Who  may  vote  at 15 

United   States  laws- 
Bringing  armed  troops  to  places  of 12 

Interference  with,  by  army  or  naval  officers 4.   12,  13 

Race,  color  or  previous  condition  not  to  effect  the  right  to  vote.  ...  4 

ELECTIVE  FRANCHISE— (See  Right  of  Suffrage.) 

Forfeiture  of ,  for  receiving  bribe 157 

Impeding  or  preventing  free  exercise  of;  penalty 156 

Competent  witness  in  prosecutions  for 157 

Ohio  constitutional  provisions  as  to 15 

United .  States  laws  relating  to ; 10-13 

Women ,    rights    of 60 

ELECTOR — (See  Crimes  and  Offenses.) 
Ohio  laws — 

Application  by  electors  for  organization  of  original  surveyed  town- 
ship   17 

Arrest ,   when  privileged  from 15 

Ballot- (See  Ballot.) 

Preparation  and  casting  of 145-148 

Assistance  in  marking 148 ,   154 

Offenses  pertaining  to;  penalty 153,  154 

Bribery   of ;   penalty 155,  157,  169 

Competent  witness  in  prosecutions  for 157 

Challenges— (See  Challenge)    100,   101,   107,   108,   144,   176 

Convict  incompetent  to  be ;  penalty 168 ,  170 

Eligibility  for  voting  or  holding  office,  power  of  general  assembly 

as  to  15 

Idiot  or  insane  person  not  entitled  to  privileges  of 15 

Intimidating,   or  impeding  or  preventing  free  exercise  of  elective 

franchise;  penalty;  competent  witness  in  prosecutions  for....  156,  157 

Local  option  election  in  township,  who  permitted  to  vote  at 41 

Misleading,  or  disclosing  how  he  voted ;  penalty 154 

Municipality,    who  is   elector  of 28 

Persons  not  considered  residents  of  Ohio 15 

Presidential — ^(See   Presidential   Elections) 37-40 

Primary  election,   attempting  to  intimidate  elector  at;  penalty....  169 

Qualifications  of  persons  to  vote  at 173,   176 

Qualifications  of,  under  Ohio  constitution 15 

Questions  submitted  to,  vote  necessary  for  adoption  of,  etc 165 

Registration — (See   Registration)    91-118 

Residence — (See  Residence)    120-122 

Screening  and  convenience,  provisions  for 143 

Substitutions    when    no    nomination    made    or    name    of    nominee 

omitted ;  marking  of  ballot  in  such  case 148 

United  States  laws — 

Crimes  against  elective   franchise 4,   10-13 

Officer  of  army  or  navy  interfering  with,   etc 4,   12,   13 

Race,  color  or  previous  condition  not  to  affect  right  to  vote 4 

ELIGIBILITY— 

Convict  of.   to  vote  or  hold  office ;  penalty 168,  170 

Electors  of  president  and  vice-president,   of 37 

General  assemblv's  power  as  to  eligibility  for  voting  or  holding  office. .  15 

EMPLOYMENT— 

Person  may  absent  himself  from,  to  vote 156 


196  INDEX. 

EXECUTIVE  COMMITTEE  OF  POLITICAL- PARTY—  page 

Ballot,    submission  of  proof  of , 136 

Canvass  of  feturns  of  primary  elections 175 

County,    designation  of  inspectors  of  count  by 150 

Deputy  stafe  supervisor  of  elections,    recommendation  of 77,  80,  83 

Witnesses  and  challengers   in  cities,    designation   of 107 

EXPATRIATION— 

Rights  of,  declared 4 

EXPENSES 

Defrayed,  how   • :....'..; 83,  94,   112,   135 

FEES— 

Clerks  of  election — 

Compensation  of 85,   112,   138 

Cities  having  registration;  how  paid 94,  112 

Primary  elections  175 

Commission ,   fee  for 40 

Deputy  state  supervisors  of  elections,   compensation  of 83,   112 

Abstract   of  votes   for  county   officers   or  members   of  the  general 

assembly ;  fee  for  making 37 

Clerk,-  salary  of 83,  84,  93,   112 

Judges  of  election — 

Compensation  of 85,   112,   138 

Cities  having  registration ;  how  paid 94,   112 

Primary  elections  '■ 175 

'  -      Presidential  elector,   fees  and  mileage  of ;.  .  40 

Registrars,  compensation  of;  how  paid 94,   112 

FELONY— (See  Crimes  and  Offenses.) 
FINE— (See  Penalty.) 
FOREIGN  COUNTRIES—       ' 

Protection  of  naturalized  citizens  while  in 4 

FORFEITURE— 

Citizenship  of    3 ,  4 ,    15 

Exemption  from  forfeiture 3 

Office  of.    for   giving  bribe .  157 

FRANCHISE— (See  Elective  Franchise.) 
FRAUDULENT  BALLOT— (See  Ballot.) 
FUSION— 

Printing  of  name  of  candidate  on  ballot  in  case  of 127 

GENERAL  ASSEMBLY— 

Certificate  of  election  of  member;  abstract  of  votes 3T 

Elective  franchise,    power  as  to   forfeiture  of 15 

Member  to  deliver  copy  of  abstract  to  president  of  the  senate 160 

President  of  the  senate,  copies  of  abstracts  to  he  forwarded  to 160 

Tie  votes  for  members  to  be  "determined  by  lot 37 

V'carcy  in  office  of  member  of; 37 

GENERAL  ELECTION—  . 

How  exoenses  of,  defrayed 135 

GOVERNOR— 

Certificate  to  presidential  elector  of  pII   electors  elected 39 

Commissions  of  officers ;  fees 40 

Contest  of  presidential  elector's  election,  as  to. 38 

Presidential  electors,   certificates  and  notice  of  election  of 37,  39 

Tie  vote  for  presidential  elector 39  . 

Vacancy  in  office  of  representative  in  congress  or  member  of  general 

assembly,  writ  of  election  in  case  of 36 

GUARD-RAILS— (See  Booths  aijd  Guard-Rails.) 

HAMLET — (See  Municipal  Corporations.) 
HEARSE— 

Ouestion  of  purchase  in  townships  to  be  submitted  to  vote 22 

HIGH  SCHOOL— 

Special  district  for 71 


INDEX. 


197 


IDIOT—  I'AGE 

Elector,   not  entitled  to  privileges  of •  •  •  1-J 

ILLEGAL  VOTE— (See  Crimes  and  Offenses.) 
INCORPORATION— 

Of  territory  surrounding  summer  resort,   etc.,   submission  of  question 

to  vote -5 

Original  surveyed  township 1  (-19 

indictment- 
How  election  averred  in ;  What  counts  mav  be  enjoined  in 167 

infirmary— 

Legal  residence  of  inmates , 1-- 

INSANE— 

Elector  not  entitled  to  privileges  of 15 

INSPECTOR— 

Partv ,  appointment  and  privileges  of 107 ,   150 

INSTRUCTION— (See  Cards  of  Instruction.) 
INTERFERENCE— 

Elector,  with,  in  casting  his  ballot 120 

Officers  of  United  States  army  or  navy,  by 4,   13 

INTIMIDATION— 

.Attempting  to  intimidate  elector  or  judge  at  primary  election,  penalty. .  169 

Voter,   of ;  competent  witness  in  prosecutions  for 157 

V^oters,  of.  by  briberv  or  threats  (U.  S.  law) 4. 

INTOXICATING  LIQUORS— 

Local  option  in  townships 41 

Local  option  in  mimicipalities 42-50 

Proclamation  of  maj^or  as  to  sale  of 27-28 

Selling  or  giving  away,  or  keeping  place  where  sold  open  on  election 

Hav :  oenaltv 168 

JUDGES  "OF  ELECTION— 

Appointment ;     term ;     apportionment    politically ;     vacancy :     presiding 

judge ;  compensation  ;   removals 85.  94 

Ballet— (See  Ballot.) 

Assistance  of  elector  in  marking 149 

Canvassing,  entering  and  enumerating,   manner  of 109,   151 

Custody  or  delivery  of,   offenses  pertaining  to;  penalty 153 

Delivery  of  137 

Deposited  and  counted,  permitted  to  be 149 

Destruction  of  counted  and  excess 109.   150 

Dispersing  of  persons  interfering  with  casting  of 120 

Disputed .   duty  as  to 152 

Extra  and   unofficial . 138 

Lost  or  destroyed,  replacing  of 138 

Misleading  voter  or  disclosing  how  he  voted ;  penalty 154 

Preparation  and  casting  of 145-148 

Result,  announcement  and  certified  copies  of 151 

Unvoted,   destruction  of 109,   150 

Vacancy,  after  printing  of,  palters  in  case  of 133 

Ballot-box.   inspection  of.  before  opening  of  polls 107.   119 

Removing  ;  penalty  171 

Return  of.   to  proper  officers 90,   111 

Booths,   guard-rails,   etc.,   duty  as  to 144 

Candidates  ineligible  to  serve 125 

Cards  of  instruction .   where  to  be  placed 138 

Challenge— (See  Challenge) 122-124 

May 144 

Party  challengers,   oath  and  privileges  of 107,   108.   143 

Primary   elections    175 

Compensation — (See  Fees)    85,  112,   138 

Duties :  penalties  to  which  subject.  — '  88 

Fraudulent   votes,    knowingly    counting :    penalty 171 

T^oitering  near  polls,   powers  and  duties  as  to 119 

Misconduct  of :  penakv 171 

Oath 87 


198 


IN-DEX. 


JUDGES  OF  ELECTIONS— Continued.  page 

Period  during  which  shall  not  separate  nor  leave  polling  place  under 

penalty ^ 152 

Polls,    when  to  be  opened  and  closed • 107,  118 

Polling  place ,    who  admitted  to 107 ,  150 

Postponing  counting,   adjourning  or  removing  ballot-box;  penalty....  171 
Presiding  Judge — 

Ballots,  etc.,  duty  as  to  delivery  of 137 

Designation  of  85 

Oath,   who  may  administer  to;  power  to  administer 85 

Returns  of  elections ; Ill ,  152 

Primary,    election,    selection,    duties  and   compensation   at 174,  175 

Attempting  to  intimidate  judge  at ;  penalty 169 

Omission,   of  duty  at,   penalty 169 

Question,  as  to  submission  of 140 

Registration',   judges  in  cities  having — 

Appointment ;  term  ;  qualificatioxis  ;  oath 94-96 

November  and  other  elections,    as  to 114 

Ballots,  destruction  of  excess .109,  111 

Certificate  of   appointment 96 

Certificate  of  board  of  deputy  supervisors  entitles  elector  to  vote  in 

case  of  involuntary  mistake  in  registering 110 

Certificate  of  result  for  board  of  deputy  supervisors  and  witness ; 

announcement  from  police.,   telegraph  or  telephone  station....  110 

Chairman  calling  for  ballots,  compensation  of 138 

Challenges— (See   Challenge)    101,   102,  107 

Clerk,  removal  of ;  substituted  clerk ;  notice 9o 

Compensation;   how  paid ...94,   112,  138 

Completion  of  work  without  adjournment Ill 

Count  of  votes  by 109 

Election   day,    duties   on ' 107,  108 

Examination,    appearance   for;   penalty   for   failure   to   appear,    or 

refusal  or  neglect  to  qualify 94 

Exemption  from  jury  and  military  duty 96 

Expulsion  of,   by  other  three ,  108 

Meeting  on  evening  prior  to  election 106 

Organization  ;  duties  106 

•    Poll-book,   certificate   to 109 

Disposition  of '.  . .  Ill 

Polls,  opening  and  close  of 107 

Powers  and  duties  as  peace  officers • 96 

Proceedings  upon   close  of  polls 109 ,  111 

Proclamation  of  total  vote  cast 109 

Removal   of    95 

Result,   abstract  of 110 

Return  of  registers,  ballot-box,  etc ■.  Ill 

Substituted,   on  election  day  ;  notice 96 

Vacancy 95 

Witnesses  and  challengers,   duties  as  to 107 

Residence— (See  Residence)    120-122 

Return  of  vote  for  township  and  municipal  officers,  members  of  boards 

of  education  and  justices  of  the  peace 89,  152 

Returns,  tally-sheets  and  poll-books,  making,  transmission,   and  pre- 
servation of  ■ 152 

Special  election,   returns  of  certain  officers  voted  for  at 159 

Supplies   for  conducting   election ,    delivery  of 137 

Custody  or  delivery  of.  ofifenses  pertaining  to;  penalty 153 

Lost  or  destroyed ,   replacing  of 138 

Opening  of  packages 138 

Term    85,  94 

•  Township  officers,   conduct  and  returns  of  election  of 21,  89 

Turnpikes,  conduct  and  returns  of  election  on  question  of  general  tax 

for ;  fees   73 


INDEX. 


199 


JUDGES  OF  ELECTIONS— Concluded.  page 

Vacancy  in  office ,   how  filled 85 

Vacancy  after  printing  of  ballots,  pasters  in  case  of 133 

Votes  cast,  certificate  and  proclamation  of 151 

JUSTICE  OF  THE  PEACE— 

Certificate  of  election  and  commission  ;   fee 40 

Election  and  term ,   etc 21 

New  township,  number  and  election  of,   in 21 

Notice  of  election  of 21 

Return  and  canvass  of  vote  for 89 

Vacancy  in  office  of,  how  filled 22 

LAWS— 

Election,    collation,    publication  and   distribution  of 85 

LEGAL  HOLIDAY— 

Election  dav  on .   certain  hours  are 157 

LEGAL  RESIDENCE— (See  Residence.) 

LIBR.\RY— (See  Public  Librar>'.) 

LIQUOR— (See  Intoxicating  Liquor.) 

LOCAL  OPTION— 

Municipal   42-50 

Township 41 

LOITERING— 

Within   seventy-five   feet  of  polls 119 

Within  one  hundred  feet  of  polls 96 

LOT— (See  Tie  Vote.) 

MACHINE- (See  Voting  Machine.) 

MARRIED  WOMAN— 

Citizen .    is  deemed ,   when o 

MARSHAL— 

Process,  refusing  to  receive  or  execute 11 

MAYOR — (See  Municipal  Officers.) 

Elections .  proclamation  as  to ■ 27-28 

Intoxicating  liquors,  proclamation  as  to  sale  of 27-28 

MEMBER   OF  CONGRESS— (See  Congress.) 

MEMBER  OF  GENERAL  ASSEMBLY— (See  General  Assembly.) 
Ohio  constitution — 

Persons  not  considered  residents  of  the  state 15 

United  States  laws — 

Deserters,  forfeiture  of  citizenship  by 3,  4 

Exemption   from    forfeiture .' 3 

Draft,   avoiding,   forfeiture  of  citizenship  for 4 

MILITARY  SERVICE— 

Officer  bringing  armed  troops  to  places  of  election 12 

Officer  interfering  with  voter,  etc 4.   13 

MUNICIPAL  CORPORATIONS— 

Bonds,  purposes  for  which  may  be  issued:    tax  for  redemption;    sub- 
mission of  question  to  voters 29-35 

Electors ,   who  are 28 

Infirmary,  legal  residence  of  inmates  of 122 

Local  option ,  submission  of  question  of 42-50 

Loitering  near  polls  prohibited 96,   119,  177 

Mayor — (See  Mayor.) 

Officers,   annual  election  of,    etc 27.  28.  29 

First    election    25 

Return  and  canvass  of  votes  for 89 

Primary   elections    173-178 

Question .  submission  of,  to  voters 164 

Registration— (See   Registration.) 91-118 

Surrender  of  corporate  powers 26 

Village  and  hamlet,  incorporation  of,   etc 23-25 


200 


INDEX. 


MUNICIPAL  ELECTIONS— (See  November  and   Special  Elections.)  page 
Board  of  deputy  state  supervisors,    duties  and  powers  of,    as  to  con- 
duct of  , 90-118 

MUNICIPAL  OFFICERS— 

Annual  election  of,  etc 27,  28,  29 

Return  and  canvass  of  votes  for 89 

MUNICIPAL  PRECINCTS— (See  Precincts.) 

NATIONAL  MILITARY  HOME— 

Lawful  residence  of  inmates 122 

NATURALIZATION— (See  Citizenship.) 

United   States   laws   relating   to 4-10 

NAVAL  SERVICE— 

Deserters,  forfeiture  of  citizenship  by 3,  4 

Exemption    from    forfeiture 3 

Draft,    forfeiture   of   citizenship   for   avoiding 4 

Officer  bringing  armed  troops  to  places  of  election 12 

Officer  interfering  with  voter,  etc 4,   13 

Persons  not  considered  residents  of  the  state 15 

NAVY— (See  Naval  Service.) 
NOMINATION— (See  Candidate.) 

Bribery   of   delegate ;    penalty 169 

Candidate,  of — 

Certificates  and  papers — 

Contents    of 126 

Defect  in,    manner  of  correcting 133 

Device  to   designate  party  candidates 134 

District  or  circuit,  in,  decisions  of  questions  as  to.  . .  .• 131 

Filing  of  88,   129 

Forms   for    126 

Obj  ection  to  validity   130 

Offenses  pertaining  to ;   penalty ■   153 

Preservation   and   inspection    130 

Transmission   of  certified   copies 88 ,   134 

Convention,  caucus,   primary  election,  committee,   etc.,   by 126 

Letter  of  withdrawal,   oflfenses  pertaining  to;    penalty 153 

Made ,   how   126-133 

Petition,   by  126 

Substitution  of  candidate  of  other  party  or  nominee  by  petition 127 

Substitution  of  name  and  marking  of  ballot  when  no  nomination  made 

or  name  of  nominee  omitted • 147 

Vacancy,   mafiner  of  filling 133 

Failure  of  county  convention  to  name  committee  for  filling;  county 

executive  committee  may  act 133 

NOTICE— 

Board  of  education,  of  election  of  members  of 60 

Bonds  for  township  and  municipal  purposes,  of  submission  of  question 

of  issue  of 32,  ^5 

Constitutional  amendment,    publication  and  charges 166 

Divided  townships,  of  holding  elections  in 20 

Precinct,    of  proposed   change   in , .  75 

Presidential    election,     of 37 

Presidential  electors'  election,   of 37 

Primary   elections,    of , 174 

Printing,   of  letting  of  contracts  for .' 88,   136 

Question,  of  submission  of 164 

State  and  county  elections,    of 35 

Township  officers,   of  election  of 19,  22 

Turnpikes,  of  submission  of  question  of  general  tax  for;   of  election  of 

pike  superintendent 73 

Vacancy  in  office  of  representative  in  congress  or  member  of  the  gen- 
eral assembly,  of  election  to  fill 36 

NOVEMBER  ELECTION— 

Expenses  of,  how  defrayed 135 

Returns    of 89,   110,   152 


INDEX.  201 
OATH—                                                                                                                                                                              PAGE 

Challenged    person,    of 101,   122 

Clerk  of  election ,  of 87 

Deputy  state  supervisors  of  elections  and  clerks,  of 87 

Power   to   administer 86 

Judge  of  election,  of 87 

Party   challenger .    of 144 

Person  challenged  at,   of 176 

Registration  law,  of  person  challenged  under 101 

OFFENSES — (See  Crimes  and  Offenses.) 
OFFICE— 

Ohio  laws — 

Convict   incompetent  to   hold 168 

Forfeiture  of.   for  giving  bribe 157 

Power  of  general  assembly  as  to  eligibility  for 15 

United  States  laws — 

Deserters  or  persons  avoiding  draft  incapable  of  holding 3.  4 

United  States,  under,  conspiracy  \o  prevent  accepting  or  holding. .  12 

United   States,    under,    disqualifications   for  holding 13 

OFFICER — (See  Military  Service;   Naval  Service ;    Public  Officer :  Various 

Officers.) 
ORECpN- 

Citizenship  of  persons  born   in 3 

ORGANIZATION— (See  Various  Officers.) 

Original    surveved    townships,    of 17 

ORIGINAL  SURVEYED  TOWNSHIP— 

Officers,    election  and  term  of.   etc 17,   18 

Exception  as  to  election  of 125 

Organization    and    incorporation    of 17 

PARDON— 

Convict ,  of .  restores  rights 1()8 

PASTERS— 

Vacancv  after  printing  of  ballots,  in  case  of 133 

PENITENTIARY— 

Eligibility  of  person  who  has  been  imprisoned  in 168 

PERJURY— 

Forfeiture  of  elective  franchise  by  reason  of  conviction  of 15 

POLICE— 

Assignment    of,     on    election    day 110 

Duty  in   cities   having  registration 96 

Loitering  near  polls,    duty  as  to 119 

Obev  and  aid  judges  of  election,  shall,  penaltv 96' 

POLL-BOOK—  .        ' 

'     Address  and  delivery  in Ill,    114.    152 

Board  of  education,  separate-,  in  election  for  members  of 59 

Certification  of.    in  registration  cities 108 

Custody  or  delivery  of.   offenses  pertaining  to ;    penalty 153 

Delivery    and    preservation    of Ill ,   114,   152 

Delivery  of.    to   election   officers 137 

Destroying ;     penalty    172 

Disposition  of,    in  cities Ill,   114 

Forged  or  altered,  possession  of,  with  fraudulent  intent:    penalty 173 

Form   for 125 

Fraudulent  writing  on ;    penalty 173 

Furnishing    of    90 

Lost    or    destroj'ed ,     replacing    of 138 

Paper  to   be   received   as _. 160 

Primary   election ,    of 175 

"Sworn , "  when  word  to  be  entered  on 124 

Transmission  and  preservation 111.   114,   152 

POLLS— 

Ohio  laws — 

Ballot-boxes,  inspection  of,  before  opening  of  polls 107.   119 

Interference    with    voters ; 120 


202  INDEX. 

POLLS— Concluded.      .  page 

Loitering  near  96,   119 

Opening  and  closing  of 107,   118 

Packages  of  supplies,  breaking  of  seals  of,  etc.,  at  opening  of  polls.  138 

Primary  elections,  time  for  opening  and  closing  in 174 

Vacancy  in  office  of  judge  or  clerk  at  opening  of 85,   95 

United  States  laws — ' 

A  rmed  troops  to  keep  peace  at 12 

PRECINCT  COMMITTEEMEN— 

Challengers ,   appointment  of 107 ,   144 

PRECINCTS— 

Composed,    how;   where  elections  to  be  held 75,  76 

Division,    rearrangement,    combination,    etc 75 

Special  election,   duty  of  board  of  deputy  state  supervisors  when  ward 

or  precinct  changed  before 114 

PRESIDENT— (See   Presidential   Elections.) 
PRESIDENTIAL  ELECTIONS— 

Canvass  of  returns  by  secretary  of  state 38 

Certificates  of  election  of  electors 38 ,  40 

Certificates  of  election  of  all  electors  elected 40 

Contest  of   electors'   election 38-40 

Electors  of  president  and  vice-president  to  be  elected;  who  eligible.  ...  37 

Fees  and  mileage  of  electors 40 

Meeting   of   electors    in    Columbus 40 

Notice  of  electors'   election 37 ,  38 

Notice  of  governor  of  his  presence,  each  elector  to  give 39 

Proclamation   of    37 

Registration,  general,  required  at ' 100 

Tie  vote  for  electors ." 38 ,  40 

Vacancy  in   office  of  elector ." 40 

PRESIDENT  OF  THE  SENATE— (See  General  Assembly.) 
PREVIOUS  CONDITION— 

Not  to  affect  right  to  vote .  4 

PRIMARY  ELECTIONS— 

Candidate  or  representative,   presence  of,   during  receipt  and  count  of 

ballots 176 

Canvass    of    result ^. 175 

Challenges    176 

Judges  and  clerks .  . .  •. 175 

Loitering,   soliciting,   etc.,  within  100  feet  of  polls  in  municipality....  177 

Notice   of    174 

Offering  bribes  for  voters  at ;    penalty 169 

Omission  of  duty  and  fraudulent  voting ;    penalty 169 

Penalties 176 

Poll-books    and   tally-sheets 175 

Polls ,    time    for   opening   and   closing 174 

Proxy,   misdemeanor  for  -delegate  to  give 176 

Qualifications  to  vote  at 174 ,   176 ,   177 

Supervisors   of    173 

Time,   place,   manner  of  holding,   etc 173 

PRINTING— (See  Notice.) 

Ballot,  of,  offenses  pertaining  to  ;  penalty 153 

Bond   of  bidder   for 137 

.   Contracts    for    136 

Publication  of  notice  of  bids  for ;    contracts ,  etc 136 

PROCLAMATION— 

Mayor ,   of ,    as  to  elections 27 

Presidential  election ,    of 37 

State  and  county  election,   of 35 

Vote  cast  in  certain  cities,   of;   result  of  count 109,   110 

Vote    cast,     of - 109,   110,   151 

PROSECUTING  ATTORNEY— 

Election  laws,  to  prosecute  for  violations  of 90,   155 

PROSECUTION- (See  Crimes  and  Offenses.) 


INDEX.  203 

PROXY—  PAGE 

Convention .   unlawful  in H6 

PURLICATIOX— (See  Notice.) 

PUBLIC  ELECTIONS— 

Held  and  conducted,  how    77,   125 

PUBLIC  LIBRARY— 

Submission  of  question  in  towrships 22 

PUBLIC   OFFICE— 

Nominations   of   candidates    for 126 

PUBLIC  OFFICERS— 

Conduct  of  elections  of 77,   125 

Violation,  neglect,  or  wrong  performance  of  duty,  or  disobedience,  by; 

penalty 155 

QT^\LIFI CATIONS— (See  Various  Officers.) 

Ohio  laws — 

Challenges— (See    Challenge) 100,   101,   107,   122,   124,   144 

Elector,    of.   under  Ohio  constitution 15 

Primary  elections,  of  voters  at 175 .   176,   177 

Registration — (See    Registration) 91 

Residence — (See  Residence)    120-122 

United  States  laws — 

Officer  of  army  or  navy  not  to  prescribe 4,   13 

Race,  color  or  previous  condition  not  to  affect  right  to  vote 4 

QUESTION— 

Ballot ,   marking  of 146 

Number   of   votes   necessary   to   authorize   performance    of   act    when 
statiite  providing  for  submission  of,  is  silent;   submission  of,  when 

special  election  not  provided  for 164 

Separate  ballot  and  ballot-box  in-  case  of  submission  of 140 

RACE  — 

Not  to  affect  right  to  vote 4 

REGISTRARS— (See  Registration.) 
REGISTRATION— (See  Deputy  State  Supervisors.) 

Absent ,    elector  who   will  be ,    of 99 

Absent ,  elector  who  is ,  of.  ...  ^ 99 

Challenge  of  such  elector. 100 

Applicable  to  what  cities 91 

Applicant  for — 

Challenge,  oath  and  examination  in  case  of 101 

Examination  of    102 

Oath  of  - 101 

Signature  of ;  by  mark 102 

Who  to  be  received  as 101 

Ballot-box.   location  of,   on  election  day 108 

Board  of  deputy  state  supervisors,   by  order  of 106,   114 

Certificates  in  case  of  involuntary  mistake  in  registering 110 

Certificates  in  case  of  removal  or  mistake 101 ,   104- 

Certificate    of    removal    when   question    of    iss-'.e    of    bonds    s-,ibmitt?a 

to  voters    35 

"Challenged,"  entry  of,   on  register 101 ,   107 

Challengers,  designation,  rights  and  privileges 107 

Cities  and  villages,    council  may  provide   for 118 

Cities  to  which  provisions   applicable 91 

Close  of  day's .   attestation 102 

Close  of,  by  derk  of  board 102 

Corrections    ". 106 

Council  may  make  provision  for 118 

Crimes  and  offenses,   and  penalties  therefor — 

Acting  as  officer  of  election  without  appointrtient ,   etc 118 

Ballots,   distributing,   or  having  in  poll-room 117 

Counterfeiting  resignation  certificates,   statements,   etc 117 

Destroying  or  concealing  certificates  or  statements 117 


504  INDEX. 

-REGISTRATION — (See  Deputy  State  Supervisors.) — Continued.  p.\ge 

Distributing  or  having  ballots  in  poll-room ll^ 

Judg'e  permitting  unlawful  ballots  in  box 117 

Neglect  of  duty  by  officers  of  election 117 

Neglect  to  forward  notice  of  substitute  judge 118 

Neglect  to  qualify,  or  serve  as  judge,  clerk  or  registrar 95 

Perjury  before  registration  officer : 117 

Registration — 

Counterfeiting 117 

Falsely  registering  116 

Inducing  same 116 

Hindering 116 

Permitting  or  inducing  false 116 

Personating  another 116 

Procuring  unlawful  erasure 117 

Refusing  registration  to  person  qualified 116 

Wilfully  refusing  to  perform  certain  duties...... 95 

Days  for 99,   114 

Examination  of  applicant   102 

Expenses  of,   how  paid 94,   113 

General,   required  every  four  years  in  certain  cities 100 

Hindering  electors,   soliciting  votes,  etc 97 

Hours  for 101,   114 

Involuntary  mistake,    certificate  in  case  of 110 

Lists ,   alphabetical   105 

Bound  volumes  of,  by  board 105 

Duplicates  in  books  for  use  election  day 105 

Form ;  comparison  of ;  certificate  to  ;  changes  in 105 

Pamphlets  containing   105 

Posting  of 105 

Registrars  to  make  and  certify 105 

Loitering  within  one  hundred  feet  of  polls  prohibited 96 

Manner  of  making ;  question  to  be  answered 102 

Meeting  of  registrars  and  judges  on  evening  before  election;  duties..  106 

Mistake  in ,  how  corrected 104 

New  elector,  of,   in  certain  cities 100 

'Oath  of,    applicant  for * 101 

Places  of .• 93 

Polls,   opening  and  close  of 107 

"Registers  of  Electors ;"   contents ;   form 97,  98 

Changes  or  additions  in,  for  special  election 113 

.  Comparison  and  correction  of  duplicate 102 

Corrections  ;   noting  of  changes 104 

Custody  of,   when  not  in  use 105 

Damage  or  destruction  of ;  penalty 97 

Entries  in 102 

Registrars — 

Absent  elector,   registration  of 99 

Applications  for  registration,  canvass  of  precincts;  report  to  board, 

etc 101 

Appointment ;   term  ;  qualifications ,    oath 94,  96 

Certificate  of  appointment    96 

Compensation ,    how  paid    94 ,   1 12 

Duties,   failure  to  perform.;  penalty 95 

Duties,  generally — (See  Various  Items  under  Registration) ..  101,   114,   119 

Election  day,    duties  on    107 

Examination,    appearance   for;   penalty   for   failure  to   appear,    or 

refusal   or   neglect   to   qualify 95 

Exemption  from  jury  and  military  duty 96 

Powers  and  duties  as  peace  officers 96 

Registers,  maps,  instructions,  etc.,  to  apply  for 98 

Removal    95 

Special  elections ,   as  to  113,   1 14 

Vacancy   95 


INDEX.                                                             "  SOS- 
REGISTRATION— Concluded.  PAGE 

Removal  certificate,  application  for;  registrars'  duties 101,  104 

Clerk  of  board,  by 99 

Sick  or  ph}sically  disabled,   of,  by  affidavit 103,  114 

Special  election,   in   113 

Changes  or  additions  in  registers 114 

Days  for   113 

Hours  for  . 114 

New  ward  or  precinct 114 

Orders  for,  by  board  of  deputy  state  supervisors  of  elections 114 

Sick  or  disabled  • . .  .  114 

V^oters   required   to  register   in  cities 91 ,  103 

Who  shall  be  registered   103 

Witness,    designation,    rights  and  privileges ' 107 

Women ,    registration  of   60- 

REMOVAL— (See  Various  Officers.) 

Deputy  state  supervisors  of  elections,  of 79 

REPRESENTATIVE— (See  Congress;  General  Assembly.) 
REPRESENTATIVE  DISTRICT— (See  District.) 
RESIDENCE— 

Head  of  family  120 

Infirmary   inmates 122 

Questions  to  be  heard  and  deterjnined  by  judges 121 

Registration  required  in  cities     91 ,  103 

Residents  of  this  state,  persons  not  considered 15 

Rules  to  govern  judges  in  determining 121 

Soldiers'  home  inmates   122 

Time  of,   required 120,  121 

Voting,   illegal ;  penalties    167,  170^ 

Voting  purposes,   for 119,  122 

RESIDENCE— (See  Residence.) 
RETURNS  OF  ELECTIONS— 

Adjustment  of  discrepancies Ill 

Board  of  education,  return  of  vote  for  members  of 59 

Deputy  state  supervisors  of  elections,  opening  and  canvass  of,  by.  .89,   158,  163 
Forged  or  altered  poll-books  or  tally-sheets,  possession  of.  with  fraud- 
ulent  intent ;   penalty    173 

Fraudulent  writing  on ;  penalty   172 

Justices  of  the  peace   89 

Making,    transmission  and  preservation 114,  152 

Municipal   officers    27,  89,  114 

November  election 89,   114,  152 

School   land,    on   sale   of ., 18 

Special  election,   returns  of  certain  officers  voted  for  at 159 

Township  officers  21 ,  89 

Turnpikes ,  on  question  of  general  tax  for 73 

Validitv  of.   deputy  state  supervisors  not  to  decide  on 160 

RIGHT  OF  SUFFRAGE— 
Ohio  laws — 

Convict,    ni  to   rights  and   competency   of;   penalty 168,  170 

Exclusion  from .   for  receiving  bribe 157 

General  assembly,  power  of,   as  to  forfeiture  of 15 

Idiot  or  insane  person,  excluded  from 15 

Ohio  constitution .    under 15 

Women ,    right  of 6i^ 

United  States  laws — 

Crimes  agajnst  elective  franchise 10-13 

Interference  with,  by  army  or  naval  officer 4.   13 

Race,   color,   or  previous  condition  not  to  affect 4 

SAILOR— (See  Naval  Service.) 

SALARY— (See  Fees.) 

SCHOOL  DIRECrrORS— 

Subdistricts ,    election   in ,    etc 65 

Supervision  of  election ,   exception  as  to 65 

Women .    rights    of '6C 


206  INDEX. 

SCHOOL  ELECTIONS—  page 
Ballot    for    election    of   member    of   board    of    education;    how    to    be 

printed ;  marking  of ' 59 

Centralization,  submission  of  question  of 66 

City   districts    60-63 

High  school  purposes,  union  of  districts  for 71 

School  directors,   exception  as  to  election  of 75 

Schoolhouse,  as  to  levy  of  tax  and  issue  of  bonds  for 71 

Schools,    submission  of  question  of  additional  levy  for 72 

Special  districts    67-7u 

Township  districts    .'.... 64-;65 

Village  districts   63 

Women ,    rights   of ,    in 60 

SCHOOLHOUSE— 

Submission  of  question  of  tax  and  bonds  for 72 

SCHOOL  LANDS— 

Vote  on   sale   of;    deposit   of   returns 18,   19 

SECONDARY  STUB— (See  Ballot.) 

SECRETARY  OF  STATE— 

Abstracts  in  elections  to  fill  vacancy  in  office  of  member  of  congress.  .  162 

Abstracts  of  election,    copies  of,   to  be  forwarded  to 160,'  166 

Ballot,    form  of .139,   141 

Canvass  of  returns  for  presidential  electors 38 

Certificates  of  elections  and  commissions  ;  fee 40 

Certificates  of  nomination  and  nomination  papers — 

Defect  in,  manner  of  correcting 133 

Filing  of 88,   129 

Printing  of  name  of  candidate   on  ballot   when   two   or   more 

certificates  for  same  office  filed 127 

Objections   to  validity  of 131 

Transmission   of  certified  copies 88,   134 

Contest  for  presidential  electors'  election,   as  to 38 

Deputy  state  supervisors  of  elections,  appointment,  qualification,  terms 

and  removal  of 77-87 

Duties ,    general    88 ,  77 

Election  laws,   collation,  publication  and  distribution  of 85 

Forms  for  guidance  of  deputy  state  supervisors  of  elections 125 

Prosecution   for  violation  of  election  laws 88,  155 

Questions    to    be    decided    by _ 88,   131 

State  supervisor  of  elections ,    ex-officio ,    is ;   duties 77 

State  supervisor  and  inspector  of  elections,    ex-officio  is;   duties 77 

Tie  vote  for  presidential  electors 38 

Vacancy  on  ticket,  manner  of  filing 133 

SECTION   SIXTEEN— 

Submission  of  question  as  to  sale  of;  returns 18,   19 

SENATE— (See  General  Assembly.) 

SENATOR— (See  General  Assembly.) 

SENATORIAL  DISTRICT— (See  District.) 

SHERIFF— 

Loitering  near   polls,    duty  as  to 96,   119 

Obey  and  aid  judges  of  election,   shall ;  penalty 96 

Presidential   election ,    proclamation   of 37 

State  and  county  elections,  proclamation  of 35 

Vacancy  in  office  of  representative  in  congress  or  member  of  general 

assembly,    notice  of   special   election  to   fill 36 

SOLDIERS— (See    Military    Service.) 

Inmates  of  soldiers'  home,    lawful  residence  of 122 

SOLDIERS'   HOME— (See  National  Military  Home.) 

SPECIAL  ELECTIONS— 

Expenses  of,  how  defrayed 135 

Local  option,  municipal ;  special  election  on  question  of 42-50 

Local  option,   township,   special  election  on  question  of 41 

Notice  for  proposals  for  printing  for. 136 

Question,  submission  of,  when  special  election  not  provided  for 164 


INDEX.  '207 

SPECIAL  ELECTIONS— Concluded.  ,.1  j  page 

Registration  laws,  provisions  of,   applicable  to 113,   114 

Returns,  abstracts  and  certificates  of  election  of  certain  officers  elected 

at 159 

Vacancy  in  office  of  representative  in  congress  or  member  of  general 

assembly ,    to  fill 36 

STATE  ELECTIONS— 

Proclamation  and  time  of 35 

STATE  OFFICERS— 

Certificate  of  election  and  commission ;   fee 40 

Election  of,  proclamation  and  time  of 35 

STATE  SUPERVISOR  OF  ELECTIONS— (See  Secretary  of  State.) 

Secretary  of   State,    ex-officio,    is;   duties iT 

STATE  SUPERVISOR  AND  INSPECTOR  OF  ELECTIONS  —  (See 
Secretary  of  State.) 

STUB— (See  Ballot.) 

SUFFRAGE— (See  Right  of  Suffrage.) 

SURRENDER  OF  CORPORATE  POWERS— 

Muni^^ipal   corporations,    by ;    proceedings 2d 

TALLY-SHEET— 

Copies,  making,  transmission  and  preservation  of 152 

Delivery  of,    to  election  officers 137 

Forged  or  altered,   possession  of,    with  fraudulent  intent;  penalty....  173 

Form   for    .• 125 

Fraudulent  writing  on  ;  penalty 172 

Furnishing  of   90,   120 

Lost  or  destroyed ,    replacing  of 138 

Primary  elections,   of iv 175 

TAXATION— 

Bonds  for  township  and  municipal  purposes,   for  redemption  of,   sub- 
mission of  question  to  voters 32-35 

Elections,  levy  for  expenses  of 83,   135 

Schoolhouse,   submission  of  question  of  levj'  of  tax  for 71 

Turnpikes,   submission  of  question  of  general  tax  for 73 

TERM    OF    OFFICE— (See    Various  Officers.) 

THREATS— 

Intimidating  voters  by 10 

TIE  VOTE— 

County  officers .    for 36 

General  assembly,  for  members  of 36 

Municipal    officers ;    for 28 

Presidential  electors ,    for 39 

Township  officers,    for 20 

TOWN  HALL— 

Purchase,  question  of,  to  be  submitted  to  vote ;  levy  for 19 

Township  trustees  may  purchase  site  and  erect • 19 

TOWNSHIP— (See  Township  Trustees.) 

Local  option    41 

Original  surveyed — 

Officers ,   election  and  terms  of . . ; 17 ,   18 

Exceptions  as  to  election  of  officers 125 

Organized ,    when ,    may   be 17 

Question .   submission  of,   to  voters 164 

TOWNSHIP  CLERK— (See  Township  Officers.) 

Ballot-boxes ,    duty  as  to ' 90 

Booths,   guard-rails,   etc.,   duty  as  to 143 

Canvass  of  vote   for  township  officers 89 

Eelection    and    term 20 

Local  option  election,   record  of 41 

TOWNSHIP  DITCH  SUPERVISOR— 

Election  and  term  of • 21 

TOWNSHIP  ELECTIONS— 

Held,   where  and  how ;  returns  of 21,  89 


208  INDEX. 

TOWNSHIP  OFFICERS— (See  Township  Clerk;   Township  Trustees.)  pagb 

Elections  for,   when  and  how  held ;  returns  of 19,  21,  89 

Return  and  canvass  of  votes  for 89 

TOWNSHIP   PRECINCT— (See  Precincts.) 

TOWNSHIP  TREASURER— (See  Township  Officers.) 

Election ;    term ,    etc 20 

TOWNSHIP  TRUSTEES— (See  Township  Officers.) 

Bonds,   purposes  for  which  may  issue;  tax  for  redemption;  submission 

'  of  question  to  voters 32-35 

Divided  townships,   notice  of  holding  elections  in 20 

Elections,   levy  for  expenses  of 135 

Election ;    term ,    etc 20 

Hearse,    to  submit  question  of  purchase  of 22 

Local  option  41 

Notice   of   annual   election  of 20 

Order  of  elections,   to  preserve 20 

Original  surveyed  township,  first  election  in 17 

Places  of  holding  elections,   to  determine 19,  20 

Public  library,   to  submit  question  of . 22 

Section  sixteen,   duties  as  to  sale  of 18,  19 

Town  hall,  may  purchase  or  lease  site  and  eregt 19 

TROOPS— 

Bringing  armed ,  to  place  of  election 12 ,  13 

TRUSTEES — (See  Township  Trustees.) 

Hamlet,    of — (See   Municipal   Corporations.) 

Bonds,   purposes  for  which  may  issue;  tax  for  redemption;    sub- 
mission of  question  to  voters 32-35 

TURNPIKES— 

Questions  of  general  tax  for,  to  be  submitted  to  electors 73 

UNITED  STATES— (See  Citizenship.) 

UNITED  STATES  MARSHAL— (See  Marshal.) 

VACANCY— (See  Various  Officers.) 

Ballot,  after  printing  of,  how  filled 133 

Board   of   education,    in.  .\ 70 

Clerk  of  election,  in  office  of 85 

Congress,  in  office  of  representative  in ;  how  filled 36 

Abstracts  in   such  case 162 

Deputy  state  supervisors  of  elections,   in  board  of,   how  filled 78,  79 

General  assemly,    in   office  of  member  of 36 

Judge   of   election ,    in   office   of 85 

Presidential  elector,    in  office  of 40 

'  Ticket ,   on ,   when  committee  may  fill 128 ,   134 

Manner    of    filling 133 

Substitution  of  candidate  of  other  party,  or  nominee  by  petition 128 

Substitution  of  name  and  marking  of  ballot  when  no  nomination  is 

made  or  nam.e  of  nominee  omitted 148 

V'ICE-PRESIDENT.     (See  Presidential  Elections.) 

VILLAGE — (See  MuRicipal  Corporations.) 

VOTE — (See  Ballot;  Canva.^s ;.  Challenge;  Right  of  Suffrage;  Tie  Vote.) 
Number  necessary  to  authorize  performance  of  act  when  statute  pro- 
viding  for   submission   of  question   is   silent 164 

Person  may  absent  himself  from  employment  to 156 

Who  may   ' 15 

VOTER— (See  Citizen.ship  ;  Elector.) 

VOTING — (See  Ballot;  Crimes  and  Offenses.) 

VOTING  MACHINES— 

Commission   to   examine *         180 

Purchase  and  v.sc  of,    in  elections 179-184 

VOTING  SHELVES— (See  Booths  and  Guard-Rails.) 

WARD  PRECINCTS— (See  Precincts.) 

WITNESS— (See    Inspector.) 

Competent,   in  prosecutions  for  bribery,   intimidation,   or  impeding  or 

preventing   free  exercise  of  elective  franchise 157 

Registration    in    cities    having 107 

WOMAN— (See  Married  Woman.) 

School   elections ,    rights   in 60 


